Sally v. Sally

—Casey, J.

At issue in this appeal is whether Supreme Court erred in interpreting the provisions of a stipulation entered into in a prior divorce action. Plaintiff originally obtained a default judgment in the divorce action, but the judgment was set aside due to the mental incompetency of plaintiff’s wife. Defendant was appointed as the wife’s conservator, and the parties entered into an oral stipulation in open court which modified a separation agreement that had been previously executed by plaintiff and his wife. Based upon the grounds specified in Domestic Relations Law § 170 (6), a…