Opinion
December 22, 1997
Appeal from the Supreme Court, Westchester County (Nicolai, J.).
Ordered that the appeal from the order entered November 27, 1996, is dismissed, as that order was superseded by the order entered July 8, 1997, made upon reargument; and it is further,
Ordered that the order entered July 8, 1997, is affirmed insofar as appealed from; and it is further,
Ordered that the defendant is awarded one bill of costs.
The parties entered into a comprehensive written stipulation settling their matrimonial action. The stipulation was incorporated, but not merged, into the judgment of divorce. The clear and unambiguous terms of the agreement limited the plaintiff wife's distributive share of the defendant husband's deferred compensation plan to the fixed amount of $135,000. The wife also consented to the terms of a Qualified Domestic Relations Order which specifically provided that she was entitled to no more than $135,000. Consequently, she is not entitled to any interest or appreciation on that sum from the date of the stipulation or judgment to the date when the money was transferred to her ( see, Keith v. Keith, 241 A.D.2d 820; De Gaust v. De Gaust, 237 A.D.2d 862; Lamberti v. Lamberti, 158 A.D.2d 449).
Rosenblatt, J. P., Altman, Florio and McGinity, JJ., concur.