Novak v. Novak

Appellate Division of the Supreme Court of New York

Novak v. Novak

299 A.D.2d 924, 750 N.Y.S.2d 541, 2002 N.Y. App. Div. LEXIS 10994

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

DecidedNovember 15, 2002

StatusPublished

Cited by5 cases

This text of 299 A.D.2d 924 (Novak v. Novak) 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

Novak v. Novak, 299 A.D.2d 924, 750 N.Y.S.2d 541, 2002 N.Y. App. Div. LEXIS 10994 (N.Y. Ct. App. 2002).

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Opinion

Appeal and [925]*925cross appeal from an order of Supreme Court, Monroe County (VanStrydonck, J.), entered December 17, 2001, which, inter alia, denied defendant’s motion to amend or correct the Qualified Domestic Relations Order entered March 15, 2001.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied defendant’s motion to amend or correct the Qualified Domestic Relations Order entered March 15, 2001. Where, as here, a substantial right of a party is affected, the court is not authorized pursuant to CPLR 5019 (a) to amend a judgment or order (see Gasteiger v Gasteiger, 288 AD2d 881; see also Matter of Empire State Pipeline v Town of Arcadia Assessor, 270 AD2d 830, 831; Vollbrecht v Vollbrecht, 246 AD2d 793, 794-795). In view of the financial resources of plaintiff, the court did not abuse its discretion in denying that part of her cross motion for attorney’s fees (see Matter of Venezia v Venezia, 144 AD2d 948, 949). Present — Hayes, J.P., Hurlbutt, Kehoe, Burns and Lawton, JJ.

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Appeal and [925]*925cross appeal from an order of Supreme Court, Monroe County (VanStrydonck, J.), entered December 17, 2001, which, inter alia, denied defendant’s motion to amend or correct the Qualified Domestic Relations Order entered March 15, 2001.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied defendant’s motion to amend or correct the Qualified Domestic Relations Order entered March 15, 2001. Where, as here, a substantial right of a party is affected, the court is not authorized pursuant to CPLR 5019 (a) to amend a judgment or order (see Gasteiger v Gasteiger, 288 AD2d 881; see also Matter of Empire State Pipeline v Town of Arcadia Assessor, 270 AD2d 830, 831; Vollbrecht v Vollbrecht, 246 AD2d 793, 794-795). In view of the financial resources of plaintiff, the court did not abuse its discretion in denying that part of her cross motion for attorney’s fees (see Matter of Venezia v Venezia, 144 AD2d 948, 949). Present — Hayes, J.P., Hurlbutt, Kehoe, Burns and Lawton, JJ.

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299 A.D.2d 924, 750 N.Y.S.2d 541, 2002 N.Y. App. Div. LEXIS 10994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/novak-v-novak-nyappdiv-2002.

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