SONNEBERG v. SONNEBERG (2007)

In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County (Woodard, J.), entered May 26, 2005, as, upon a decision dated August 13, 2004, and an order dated March 2, 2005, awarded him the sum of only $86,748.46 as his distributive share of the proceeds of the sale of the marital residence.

ORDERED that the judgment is affirmed insofar as appealed from, with costs.

 The parties' stipulation of settlement provided that the Supreme Court would determine the value of the marital residence and distribute the proceeds from its sale.   Having stipulated to have the valuation and distribution decided on the basis of affidavits, without the benefit of a hearing, the defendant waived a hearing on these issues (see Devivo v. Devivo, 2 A.D.3d 483, 767 N.Y.S.2d 892).   Furthermore, the defendant failed to establish fraud so as to warrant vacatur of the stipulation of settlement (see generally Christian v. Christian, 42 N.Y.2d 63, 396 N.Y.S.2d 817, 365 N.E.2d 849;  Cruciata v. Cruciata, 10 A.D.3d 349, 780 N.Y.S.2d 761;  Ernst v. Ernst, 8 A.D.3d 331, 777 N.Y.S.2d 723;  Linder v. Linder, 297 A.D.2d 710, 747 N.Y.S.2d 396).

In valuing and distributing the proceeds of the sale of the marital residence, the Supreme Court properly considered the relevant factors (see Domestic Relations Law § 236[B][5];  Hasegawa v. Hasegawa, 290 A.D.2d 488, 736 N.Y.S.2d 398;  Coleman v. Coleman, 284 A.D.2d 426, 726 N.Y.S.2d 566;  Guneratne v. Guneratne, 214 A.D.2d 871, 625 N.Y.S.2d 354).

The defendant's remaining contentions are without merit.