Affidavit Of Appearance & Adoption of Oral Stipulation
If a married couple wishes to state the stipulation terms were fully understood and agreed to without coercion, the following affidavit has to be executed.
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STATE OF NEW YORK SUPREME COURT : COUNTY OF INDEX # Plaintiff AFFIDAVIT OF APPEARANCE vs. AND ADOPTION OF ORAL STIPULATION Defendant We, the undersigned, individually duly acknowledge that on the day of , we personally appeared with counsel at a Trial Term of this Court, Part ; , Esq. representing the Plaintiff above named, and , Esq. representing the Defendant above named. All issues in this matrimonial action were disposed of by an Agreement of Settlement and Stipulation placed on the record in open court. The undersigned each hereby acknowledges that the terms of said Stipulation were fully explained and understood and that said terms were freely and voluntarily agreed to without force, fraud or duress and with advice of counsel. We hereby adopt said Stipulation as if the same were fully set forth herein and agree to the incorporation of its terms in the Judgment; said Stipulation to survive said Judgment. If this marriage was solemnized by a clergyman, minister or leader of an ethical culture society, each party agrees prior to entry of a final judgment herein to take all steps fully within his or her power to remove any barrier to the other party’s subsequent remarriage. Attorney/Witness Plaintiff Attorney/Witness Defendant STATE OF NEW YORK ) COUNTY OF: SS. CITY OF ) On this day of in the year before me; the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Signature and office of individual taking acknowledgment.) STATE OF NEW YORK ) COUNTY OF: SS. CITY OF ) On this day of in the year before me; the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Signature and office of individual taking acknowledgment.) 9/04
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