Opinion
2002-08178
Submitted October 17, 2003.
November 3, 2003.
In a matrimonial action in which the parties were divorced by a judgment entered December 11, 2000, the defendant former husband appeals from a post-judgment order of the Supreme Court, Suffolk County (McNulty, J.), dated July 29, 2002, which granted the motion of the plaintiff former wife to vacate an amended Qualified Domestic Relations Order dated February 14, 2002, and directed the entry of a money judgment in favor of the plaintiff and against him in the amount of $121,281, plus statutory interest as of November 30, 2000.
John P. DiMascio, Garden City, N.Y. (John P. DiMascio, Jr., and Theresa A. Spinillo of counsel), for appellant.
Glenn S. Koopersmith, Garden City, N.Y., for respondent.
Before: FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Contrary to the defendant's contention, the stipulation of settlement between the parties clearly and unambiguously entitled the plaintiff to receive a lump sum payment in the sum of $121,281 ( see Rainbow v. Swisher, 72 N.Y.2d 106; Moran v. Moran, 289 A.D.2d 544; Cappelli v. Cappelli, 286 A.D.2d 359; Girardin v. Girardin, 281 A.D.2d 457). Moreover, the amended Qualified Domestic Relations Order (hereinafter the amended QDRO) improperly modified the clear terms of the stipulation ( see Matter of Heinzman v. Zeilinski, 127 A.D.2d 594; Martino v. Martino, 103 A.D.2d 842).
The defendant's contention concerning the court's failure to transfer the plaintiff's motion to vacate the amended QDRO to the Justice who signed it is unpreserved for appellate review, as the defendant failed to raise such objection before the court ( see Chaudhry v. Lynest Assoc., 306 A.D.2d 307; City of New York v. Morfesis, 240 A.D.2d 190).
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., LUCIANO, SCHMIDT and COZIER, JJ., concur.