Mildred C., Matter of

• Decision Date: 13 July 1998
• Citation: Mildred C., Matter of, 675 N.Y.S.2d 288, 252 A.D.2d 524 (N.Y. App. Div. 1998)
• Parties: 1998 N.Y. Slip Op. 7008 In the Matter of MILDRED C. (Anonymous), Appellant; Jay P. (Anonymous), Respondent.
• Court: New York Supreme Court — Appellate Division

Page 288

675 N.Y.S.2d 288

1998 N.Y. Slip Op. 7008

In the Matter of MILDRED C. (Anonymous), Appellant Jay P. (Anonymous), Respondent.

Supreme Court of New York, Appellate Division Second Department.

July 13, 1998.

Thomas L. Costa, LLP, Melville, N.Y. (Steven M. Lester of counsel), retained attorney for appellant.

Robert Kruger, New York, N.Y., court-appointed attorney for appellant.

Goldfarb & Abrandt, New York, N.Y. (David Goldfarb and Anne Tozier of counsel), for respondent.

In a proceeding pursuant to Mental Hygiene Law article 81 to appoint a guardian for the property of Mildred C. (Anonymous), the appeal is from an order of the Supreme Court, Richmond County (Scholnick, J.), dated July 15, 1997, which, inter alia, denied the appellant's cross motion, inter alia, to vacate a stipulation dated July 23, 1996, which created a trust.

ORDERED that the order is affirmed, without costs or disbursements.

Stipulations of settlement are favored by the courts and are not lightly set aside (see, Matter of Galasso, 35 N.Y.2d 319, 321, 361 N.Y.S.2d 871, 320 N.E.2d 618; see also, Katz v. Village of Southampton, 244 A.D.2d 461, 664 N.Y.S.2d 457; Morrison v. Budget Rent A Car Sys., 230 A.D.2d 253, 657 N.Y.S.2d 721; Perrino v. Bimasco, Inc., 234 A.D.2d 281, 651 N.Y.S.2d 53). Only where there is cause sufficient to invalidate a contract such as fraud, collusion, mistake, or accident will a party be relieved from the consequences of a stipulation (see, Hallock v. State of New York, 64 N.Y.2d 224, 230, 485 N.Y.S.2d 510, 474 N.E.2d 1178). Here, the appellant failed to make a prima facie showing that any of these factors were present. Indeed, the record reflects that she willingly, voluntarily, and knowingly entered into this stipulation in open court and in the...