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IN THE MATTER OF SUZUKI v. PETERS

Appellate Division of the Supreme Court of New York, Second Department.
Nov 22, 2004
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Ordered that the order is affirmed, without costs or disbursements.

"`[S]tipulations of settlement, especially those whose terms are placed upon the record in open court, are met with judicial favor. Absent a showing of fraud, overreaching, mistake, or duress, the stipulation should not be disturbed by the court'" ( Matter of Woods v. Velez-Shanahan, 308 AD2d 593, 594, quoting Wieners v. Wieners, 239 AD2d 493, 494; see Natole v. Natole, 256 AD2d 558, 559). Contrary to the father's contention, he clearly consented to the terms of the stipulation in the presence of a Hearing Examiner, after negotiations between the parties' attorneys in open court. The record does not support a finding that the stipulation settling the issue of arrears raised in the petition should be set aside ( see Matter of Woods v. Velez-Shanahan, supra; Natole v. Natole, supra).

The father's remaining contentions are without merit.