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BROWN v. O'NEILL

8 A.D.3d 10 (2004)

777 N.Y.S.2d 302

JASON R. BROWN, Respondent, v. THERESA O'NEILL, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

June 1, 2004.

The court improperly signed a judgment of divorce that contained provisions extraneous to the parties' stipulation of settlement, in effect reforming the stipulation (see Cohen-Davidson v Davidson, 291 A.D.2d 474, 475 [2002] ["a court cannot reform an agreement to conform to what it thinks is proper, if the parties have not assented to such a reformation"]).

Defendant avers that in their negotiations leading to the execution...

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