In Rio v. Rio (110 AD3d 1051 [2d Dept 2013]) the Second Department extended its holding further to apply to a written agreement entered into between the parties to resolve their divorce action, although it was not entered into in open court. There were two prior agreements at issue in the parties' pending divorce action: a duly acknowledged separation agreement dated March 11, 2005, and a postnuptial agreement executed on September 22, 2009 during the parties' prior divorce action. The prior action was discontinued when the parties entered into an agreement, which their counsel denominated as a postnuptial agreement. The husband commenced a later divorce action seeking to invalidate the postnuptial agreement and enforce the duly acknowledged separation agreement. The Appellate Division upheld the validity of the postnuptial agreement, which revoked the prior separation agreement, specifically finding "that Domestic Relations Law 236 (B) (3) does not compel a different result." (Rio at 1053.) The Court explained that it upheld the stipulation of settlement in that case because "it 'was executed in the context of a pending divorce proceeding, and was subject to judicial oversight, even though it was not signed in open court.' " (Rio at 1053-1054.)