The separation agreement pursuant to which plaintiff received the Connecticut home was incorporated but not merged into the judgment of divorce. Therefore, it survives as a separately enforceable contract that cannot be set aside by motion but only by a plenary action in which an adequate record may be developed to evaluate defendant's claims of fraud, unconscionability and overreaching ( Frieland v Frieland, 200 AD2d 484).
The record establishes that the parties' stipulation regarding the schooling of their children and defendant's obligation to pay the expenses associated therewith does not resolve all outstanding child support issues. The resolution of such issues also must await trial in the plenary action.
To the extent that the order reserved decision, it is not appealable (CPLR 5701 [a] [2]; Cobb v Kittinger, 168 AD2d 923).
The court did not improvidently exercise its discretion in declining to impose sanctions against defendant's counsel.