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Lang v. Downey

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 18, 1987
135 A.D.2d 1145 (N.Y. App. Div. 1987)

Opinion

December 18, 1987

Present — Dillon, P.J., Callahan, Denman, Boomer and Green, JJ.


Motion for clarification denied. Memorandum: Appellant moves for "a clarification of the effective date of the increase in child support" as provided in our order of September 27, 1985 [ 113 A.D.2d 1013]. Our order needs no clarification. The order appealed from modified a judgment of divorce by increasing the amount provided for child support. Our order modified that order by further increasing the amount of child support; it did not change its effective date. The notice of appeal expressly limited the issues appealed from to issues other than the effective date of the increase in child support; thus, appellant waived her right to a determination of that issue on appeal (see, 10 Carmody-Wait 2d, N Y Prac § 70:86, at 354). Appellant is not entitled to a determination of that issue on this motion, which is in effect an attempt to reargue the appeal.


Summaries of

Lang v. Downey

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 18, 1987
135 A.D.2d 1145 (N.Y. App. Div. 1987)
Case details for

Lang v. Downey

Case Details

Full title:JUDITH LANG, Appellant, v. RICHARD DOWNEY, JR., Respondent

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

Date published: Dec 18, 1987

Citations

135 A.D.2d 1145 (N.Y. App. Div. 1987)