Conway v. McCarthy

Appeal from an order of the Supreme Court at Trial Term (Kahn, J.), entered July 10, 1984 in Albany County, which denied defendant’s motion to vacate a stipulation incorporated into a judgment of divorce in favor of plaintiff.

The marriage of the parties herein was terminated by a judgment of divorce entered September 24, 1982. There were two children of the marriage. Prior to the commencement of the trial, the parties entered into a stipulation on the record that defendant would pay child support to plaintiff in the amount of $370 biweekly.

Although no appeal was taken from the judgment,…