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Aftuck v. Aftuck

Appellate Division of the Supreme Court of New York, Third Department
Nov 27, 1996
233 A.D.2d 815 (N.Y. App. Div. 1996)

Opinion

November 27, 1996.

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.

Before: Mercure, J.P., Peters, Spain and Carpinello, JJ.


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, Iv dismissed 70 NY2d 641, 782; Cohn v Cohn, 100 AD2d 528).

Ordered that the appeal is dismissed, without costs.


Summaries of

Aftuck v. Aftuck

Appellate Division of the Supreme Court of New York, Third Department
Nov 27, 1996
233 A.D.2d 815 (N.Y. App. Div. 1996)
Case details for

Aftuck v. Aftuck

Case Details

Full title:JEAN M. AFTUCK, Respondent, v. MICHAEL D. AFTUCK, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 27, 1996

Citations

233 A.D.2d 815 (N.Y. App. Div. 1996)
650 N.Y.S.2d 440

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