Opinion
January 19, 1999.
Appeal from the Family Court, Nassau County (Brennan, J.).
Ordered that the order is affirmed, without costs or disbursements.
It is well settled that in the absence of fraud, overreaching, mistake, or duress, a stipulation will not be disturbed ( see, Creque v. Creque; 210 A.D.2d 288). A stipulation of settlement in a divorce proceeding may be vacated if it is "manifestly unfair to one party because of the other's overreaching or where its terms are unconscionable" or there exists fraud, collusion, mistake, or accident ( Harragan v. Harragan, 204 A.D.2d 686, 687).
In the instant case, the appellant James Dillon failed to establish any basis for setting aside the stipulation of settlement which was incorporated into the judgment of divorce ( see, Jafri v. Jafri, 228 A.D.2d 651; Creque v. Creque, supra; Smith v. Smith, 188 A.D.2d 1004). Moreover, the record does not support his contention that the stipulation should have been set aside because it did not comply with the requirements of the Child Support Standards Act ( see, Family Ct Act § 413; Jenkins v. Steadman, 180 A.D.2d 491).
Sullivan, J.P., Joy, Altman and Luciano, JJ., concur.