BLACK v. BLACK

ORDERED that the order is affirmed, with costs.

Contrary to the defendant's contention, the stipulation of settlement between the parties clearly and unambiguously entitled the plaintiff to receive a lump sum payment in the sum of $121,281 ( see Rainbow v. Swisher, 72 N.Y.2d 106; Moran v. Moran, 289 A.D.2d 544; Cappelli v. Cappelli, 286 A.D.2d 359; Girardin v. Girardin, 281 A.D.2d 457). Moreover, the amended Qualified Domestic Relations Order (hereinafter the amended QDRO) improperly modified the clear terms of the stipulation ( see Matter of Heinzman v. Zeilinski, 127 A.D.2d 594; Martino v. Martino, 103 A.D.2d 842).

The defendant's contention concerning the court's failure to transfer the plaintiff's motion to vacate the amended QDRO to the Justice who signed it is unpreserved for appellate review, as the defendant failed to raise such objection before the court ( see Chaudhry v. Lynest Assoc., 306 A.D.2d 307; City of New York v. Morfesis, 240 A.D.2d 190).

The defendant's remaining contentions are without merit.

SANTUCCI, J.P., LUCIANO, SCHMIDT and COZIER, JJ., concur.