Opinion
February 28, 1994
Appeal from the Supreme Court, Westchester County (Wood, J.).
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the cross appeal is dismissed, without costs or disbursements.
Under the circumstances of this case, we agree with the conclusion of the Supreme Court that the defendant ex-husband substantially performed his obligations under the stipulation settling the controversies over ancillary pecuniary issues, such that the plaintiff ex-wife was properly directed to pay the defendant ex-husband $9,038 out of the proceeds from the sale of the former marital residence, title to which had been transferred to the ex-wife (see, Nahl v. Nahl, 148 A.D.2d 898; Gray v. Gray, 74 A.D.2d 524; Timmins v. Timmins, 50 A.D.2d 720). The ex-husband's purported cross appeal, however, must be dismissed, as no notice of cross appeal was ever filed. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.