Pessin v. Pessin

Appellate Division of the Supreme Court of New York

Pessin v. Pessin

284 A.D.2d 517, 727 N.Y.S.2d 621, 2001 N.Y. App. Div. LEXIS 6765

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

DecidedJune 25, 2001

StatusPublished

This text of 284 A.D.2d 517 (Pessin v. Pessin) 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

Pessin v. Pessin, 284 A.D.2d 517, 727 N.Y.S.2d 621, 2001 N.Y. App. Div. LEXIS 6765 (N.Y. Ct. App. 2001).

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Opinion

—In an action for a divorce and ancillary [518]*518relief, the plaintiff appeals, as limited by her brief, from so much of a resettled judgment of the Supreme Court, Kings County (Yancey, J.), dated May 12, 2000, as, upon an order of the same court, dated April 18, 2000, granting the defendant’s motion to resettle the judgment of divorce by providing that the parties have joint custody of their two minor children, awarded the parties joint custody of their children. The plaintiffs notice of appeal from the order dated April 18, 2000, is deemed to be a premature notice of appeal from the resettled judgment (see, CPLR 5520 [c]).

Ordered that the resettled judgment is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs contention, the Supreme Court properly determined that the parties’ intent to have joint custody of their two minor children was clearly and unambiguously set forth in the parties’ stipulation of settlement and separation agreement (see generally, Slatt v Slatt, 64 NY2d 966). Accordingly, the Supreme Court properly issued a resettled judgment of divorce giving effect to the parties’ intent. Santucci, J. P., Goldstein, Florio and Crane, JJ., concur.

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—In an action for a divorce and ancillary [518]*518relief, the plaintiff appeals, as limited by her brief, from so much of a resettled judgment of the Supreme Court, Kings County (Yancey, J.), dated May 12, 2000, as, upon an order of the same court, dated April 18, 2000, granting the defendant’s motion to resettle the judgment of divorce by providing that the parties have joint custody of their two minor children, awarded the parties joint custody of their children. The plaintiffs notice of appeal from the order dated April 18, 2000, is deemed to be a premature notice of appeal from the resettled judgment (see, CPLR 5520 [c]).

Ordered that the resettled judgment is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs contention, the Supreme Court properly determined that the parties’ intent to have joint custody of their two minor children was clearly and unambiguously set forth in the parties’ stipulation of settlement and separation agreement (see generally, Slatt v Slatt, 64 NY2d 966). Accordingly, the Supreme Court properly issued a resettled judgment of divorce giving effect to the parties’ intent. Santucci, J. P., Goldstein, Florio and Crane, JJ., concur.

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Bluebook (online)

284 A.D.2d 517, 727 N.Y.S.2d 621, 2001 N.Y. App. Div. LEXIS 6765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pessin-v-pessin-nyappdiv-2001.

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