Opinion
Submitted September 24, 2001.
October 9, 2001.
In an action for a divorce and ancillary relief, the plaintiff husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Loughlin, J.), dated November 8, 2000, as denied his motion to set aside the parties' separation agreement.
Frederic C. Foster, Westhampton, N.Y. (Stanley E. Gelzinis of counsel), for appellant.
Robert P. Clemente, Holtsville, N.Y., for respondent.
Before: MYRIAM J. ALTMAN, J.P. LEO F. McGINITY HOWARD MILLER SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court correctly concluded that the plaintiff could not proceed by motion, but was required to commence a plenary action to set aside the parties' separation agreement (see, Christian v. Christian, 42 N.Y.2d 63, 72; Darragh v. Darragh, 163 A.D.2d 648, 649). In any event, as the Supreme Court also correctly concluded, there is no basis for setting aside the parties' agreement. The agreement is fair on its face and the plaintiff's claims of improper representation, fraud, and overreaching are unsubstantiated (see, Levine v. Levine, 56 N.Y.2d 42; Wilson v. Neppell, 253 A.D.2d 493; O'Lear v. O'Lear, 235 A.D.2d 466).