Walter v. Starbird-Veltidi

*821In an action, inter alia, to reform the parties’ stipulation of settlement, which was incorporated but not merged in their judgment of divorce entered July 14, 1998, and for a judgment declaring that the provision of the stipulation relating to the division of the plaintiffs retirement pension is unconscionable and unenforceable, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Spinner, J.), dated August 13, 2009, as granted those branches of the defendant’s motion which were pursuant to CPLR 3211 (a) (5) to dismiss the second and…