Wetherby v. Wetherby

Peters, J.P.

Appeal from an order of the Supreme Court (Breen, J.), entered February 9, 2007 in Warren County, which, among other things, denied plaintiffs motion to vacate a prior domestic relations order.

In January 2004, plaintiff and defendant, parents of three children of the marriage, entered into an opt-out agreement which was incorporated, but not merged, into a subsequent judgment of divorce. As relevant here, the opt-out agreement provided that the parties would share joint legal custody of their minor child, with defendant having primary physical custody and plaintiff receiving…