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SHANON v. PATTERSON

14 A.D.3d 604 (2005)

787 N.Y.S.2d 904

MILETTE SHANON, Respondent, v. JEROME D. PATTERSON, Appellant.

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

January 24, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court erred in determining that the defendant could challenge the stipulation of settlement before the entry of a judgment of divorce only by commencing a plenary action (see Teitelbaum Holdings v Gold, 48 N.Y.2d 51, 56 [1979]; Cruciata v Cruciata, 10 A.D.3d 349 [2004]; Bailey v Assam, 269 A.D.2d 344 [2000]; Arguelles v Arguelles, 251 A.D.2d 611 [1998]; Zeppelin v Zeppelin, 245 A.D.2d 504 [1997]; cf. Spataro v Spataro, 268 A.D.2d 467 [2000]; Riley v Riley, 179 A.D.2d 750 [1992]; Lambert v Lambert, 142 A.D.2d 557 [1988]).

Nevertheless, the defendant failed to establish his entitlement to a downward modification of his support obligation (see Matter of Hanlon v Hanlon, 303 A.D.2d 505 [2003]; Beard v Beard, 300 A.D.2d 268 [2002]).

The defendant's remaining contentions are without merit.

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