Appellate Division of the Supreme Court of the State of New York August 9, 2011 (Scholar v. Timinisky)

*578The parties to this action were married in 2005, and had one child born on April 24, 2006. In the parties’ stipulation of settlement dated June 19, 2007, which was incorporated but not merged into the judgment of divorce entered June 10, 2008, the parties agreed that the mother would have sole custody of the parties’ child, the parties would equally pay the education costs for their child