Mutinelli v. Mutinelli

OPINION OF THE COURT

Stanley Harwood, J.

This motion by defendant to modify a stipulation of settlement and cross motion by plaintiff for counsel fees are respectfully referred for an evidentiary hearing to Special Term, Part V, for the reasons set out below.

This action for separation was commenced in or about November, 1980, after the effective date of the “equitable distribution” law. The parties appeared in court on January 19,1982 at which time a stipulation of settlement was spread on the record. Although no copy of the stipulation was submitted with the moving or opposing papers, a…