MATTER OF DONATO v. DONATO


43 A.D.3d 920 (2007)

841 N.Y.S.2d 660

In the Matter of SHEILA DONATO, Respondent, v. PETER A. DONATO, Appellant.

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

Decided September 11, 2007.


Ordered that the order is affirmed, with costs.

In a matrimonial action, the parties to the instant proceeding entered into a stipulation of settlement in open court, which was incorporated but not merged into the judgment of divorce. The stipulation of settlement obligated the appellant Peter Donato to pay maintenance to the petitioner Sheila Donato. Pursuant to the stipulation of settlement, "[t]he parties agree[d] that the [appellant's] obligation for the payment...

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