ERIKA KLAUER, plf-res, v. ASA ABELIOVICH, def-ap

12980-12981. ERIKA KLAUER, plf-res, v. ASA ABELIOVICH, def-ap — Grant + Applebaum, P.C., New York (Patricia Ann Grant of counsel), for ap — Cohen Clair Lans Greifer & Thorpe LLP, New York (Bernard E. Clair of counsel), for res — JO ANN DOUGLAS, NEW YORK, ATTORNEY FOR THE CHILD.—Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered October 15, 2013, which, to the extent appealed from as limited by the briefs, denied defendant's motion to vacate the July 1, 2013 on-the-record custody agreement, unanimously affirmed, without costs. Appeal from so-ordered transcript of the custody agreement, same court and Justice, entered on or about September 24, 2013, unanimously dismissed, without costs.

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12980-12981. ERIKA KLAUER, plf-res, v. ASA ABELIOVICH, def-ap — Grant + Applebaum, P.C., New York (Patricia Ann Grant of counsel), for ap — Cohen Clair Lans Greifer & Thorpe LLP, New York (Bernard E. Clair of counsel), for res — JO ANN DOUGLAS, NEW YORK, ATTORNEY FOR THE CHILD.—Order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered October 15, 2013, which, to the extent appealed from as limited by the briefs, denied defendant’s motion to vacate the July 1, 2013 on-the-record custody agreement, unanimously affirmed, without costs. Appeal from so-ordered transcript of the custody agreement, same court and Justice, entered on or about September 24, 2013, unanimously dismissed, without costs.

Supreme Court properly denied defendant’s motion to set aside the open-court custody agreement, as there was no showing of fraud, overreaching, mistake, or duress (seeHallock v. State of New York, 64 NY2d 224, 230 [1984]). The parties were represented by able and experienced counsel, had been negotiating custody for some time, and spent an entire day resolving the agreement. Defendant was actively involved in the negotiations and many of his requested additions and modifications were incorporated into the agreement. Further, Supreme Court conducted a proper allocution of defendant and properly determined that he voluntarily and knowingly accepted the terms of the stipulation (see Matter of Strang v.Rathbone, 108 AD3d 565, 566 [2d Dept 2013]). Defendant’s contentions that he felt “forced into settling” and pressured by his attorneys are insufficient to establish mistake or duress so as to warrant setting aside the stipulation (id.).

ERIKA KLAUER, plf-res, v. ASA ABELIOVICH, def-ap

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