Bertone v. Bertone

In a matrimonial action in which the parties were divorced by judgment dated February 6, 1998, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Tolbert, J.), dated January 22, 2004, as denied his motion to set aside portions of the parties’ stipulation of settlement dated January 13, 1998, and for a downward modification of his child support obligation, and granted that branch of the plaintiffs cross motion which was for an award of an attorney’s fee in the sum of $5,000.

Ordered that the order is modified, on the law and as a…