Aftuck v. Aftuck

Appellate Division of the Supreme Court of New York

Aftuck v. Aftuck

233 A.D.2d 815, 650 N.Y.S.2d 440, 1996 N.Y. App. Div. LEXIS 12189

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 27, 1996

StatusPublished

Cited by2 cases

This text of 233 A.D.2d 815 (Aftuck v. Aftuck) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aftuck v. Aftuck, 233 A.D.2d 815, 650 N.Y.S.2d 440, 1996 N.Y. App. Div. LEXIS 12189 (N.Y. Ct. App. 1996).

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Opinion

Yesawich Jr., J. Appeal from an order of the Supreme Court (Monserrate, J.), entered February 14, 1995 in Broome County, which denied defendant’s motion to amend a prior judgment requiring defendant to pay interest on child support arrears.

The appeal must be dismissed. Defendant’s motion to "modify” the judgment so as to eliminate therefrom the sum of $9,658.44 in interest was, in essence, an application to resettle the judgment in its substantive or decretal provisions, the denial of which is not appealable (see, Brennan v Breezy Point Coop., 124 AD2d 772, appeal dismissed, lv dismissed 70 NY2d 641, 782; Cohn v Cohn, 100 AD2d 528).

Mercure, J. P., Peters, Spain and Carpinello, JJ., concur. Ordered that the appeal is dismissed, without costs.

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Yesawich Jr., J. Appeal from an order of the Supreme Court (Monserrate, J.), entered February 14, 1995 in Broome County, which denied defendant’s motion to amend a prior judgment requiring defendant to pay interest on child support arrears.

The appeal must be dismissed. Defendant’s motion to "modify” the judgment so as to eliminate therefrom the sum of $9,658.44 in interest was, in essence, an application to resettle the judgment in its substantive or decretal provisions, the denial of which is not appealable (see, Brennan v Breezy Point Coop., 124 AD2d 772, appeal dismissed, lv dismissed 70 NY2d 641, 782; Cohn v Cohn, 100 AD2d 528).

Mercure, J. P., Peters, Spain and Carpinello, JJ., concur. Ordered that the appeal is dismissed, without costs.

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Bluebook (online)

233 A.D.2d 815, 650 N.Y.S.2d 440, 1996 N.Y. App. Div. LEXIS 12189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aftuck-v-aftuck-nyappdiv-1996.

Opinion

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