CAPPELLO v. CAPPELLO

ORDERED that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the motion is denied.

A stipulation entered into in open court, with the parties and counsel present, is a binding contract (see, Carroll v. Carroll, 236 A.D.2d 353; Blake v. Blake, 229 A.D.2d 509; Bellefleur v. Gervais, 201 A.D.2d 523, 524; Barzin v. Barzin, 158 A.D.2d 769, 770). A court cannot rewrite the agreement if the parties have not assented to such a reformation (see, Tinter v. Tinter, 96 A.D.2d 556, 557; Martino v. Martino, 103 A.D.2d 842; Vranick v. Vranick, 41 A.D.2d 663; Matter of Cuffee v. Miller, 243 A.D.2d 563).

SANTUCCI, J.P., GOLDSTEIN, FLORIO and CRANE, JJ., concur.