Smith v. Smith

Appeal from an order of the Supreme Court *785(Teresi, J.), entered July 11, 2008 in Albany County, which, among other things, granted plaintiff’s motion to transfer certain assets from defendant to plaintiff.

During the course of their divorce action, the parties entered into an oral stipulation in open court that provided for, among other things, the distribution of marital assets, including several retirement and bank accounts. That stipulation was later incorporated, but not merged, into a judgment of divorce. Several months thereafter, the parties executed an agreement whereby they agreed to,…