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MATTER OF STAIB v. STAIB

36 A.D.3d 710 (2007)

827 N.Y.S.2d 700

In the Matter of DAVID STAIB, Respondent, v. CHRISTINE STAIB, Appellant.

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

Decided January 16, 2007.

Ordered that the order is affirmed, without costs or disbursements.

That part of the order on appeal providing that the parties shall have joint custody of the subject children was based on the appellant's open-court stipulation. The stipulation was not an agreement to agree, and therefore was enforceable, as it contained all material terms (cf. Matter of Burnett v Student, 278 A.D.2d 626 [2000]; Sagan v Sagan,

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