Appellate Division of the Supreme Court of the State of New York July 18, 2012 (Sudaka-Karlsson v. Karlsson)

A challenge to a stipulation of settlement which is incorporated but not merged into a judgment of divorce must be made by plenary action, and not by motion (see Weissman v Weissman, 68 AD3d 981 [2009]; Reiter v Reiter, 39 AD3d 616 [2007]; Spataro v Spataro, 268 AD2d 467, 468 [2000]). Here, the plaintiff sought to modify the stipulation of settlement by motion rather than by plenary action.