IN RE: David STAIB (2007)

In a habeas corpus proceeding pursuant to Domestic Relations Law § 70, the mother appeals from an order of the Supreme Court, Suffolk County (Bivona, J.), dated January 26, 2006, which, in effect, granted the petition by, inter alia, providing that the parties shall have joint custody of the subject children and establishing a schedule of visitation.

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

That part of the order on appeal providing that the parties shall have joint custody of the subject children was based on the appellant's open-court stipulation.   The stipulation was not an agreement to agree, and therefore was enforceable, as it contained all material terms (cf. Matter of Burnett v. Student, 278 A.D.2d 626, 717 N.Y.S.2d 708;  Sagan v. Sagan, 73 A.D.2d 509, 510, 422 N.Y.S.2d 98;  Parrinelli v. Parrinelli, 138 Misc.2d 49, 524 N.Y.S.2d 159).   The Supreme Court properly resolved the outstanding issues with respect to visitation (see Mollo v. Mollo, 110 A.D.2d 686, 687, 487 N.Y.S.2d 604).

The appellant's remaining contentions are without merit.