Opinion
October 1, 1990
Appeal from the Supreme Court, Richmond County (Felig, J.).
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision; and it is further,
Ordered that the resettled judgment dated October 27, 1988, is affirmed; and it is further,
Ordered that the defendant is awarded one bill of costs.
The evidence in the record establishes conclusively that the plaintiff husband stipulated to transfer title of the marital residence to the defendant wife. The original judgment of divorce dated August 9, 1972, as well as a resettled judgment of divorce dated November 9, 1972, failed to include any provision respecting the transfer of title to the house. Contrary to the arguments made by the plaintiff husband on appeal, the Supreme Court has the inherent power to correct a judgment so as to conform it to the provisions of the underlying stipulation (see, Pizzutto v. Pizzutto, 162 A.D.2d 443; Hanlon v. Thonsen, 146 A.D.2d 743; see also, Corn Exch. Bank v. Blye, 119 N.Y. 414; Ladd v Stevenson, 112 N.Y. 325, 332; Leonard v. Columbia Steam Nav. Co., 84 N.Y. 48, 55-56; Nicholas v Consolidated Edison Co., 100 A.D.2d 957; Stormville Mountain Homes v. Zurhorst, 35 A.D.2d 562; 5 Weinstein-Korn-Miller, N.Y. Civ Prac ¶ 5015.12; 9 Carmody-Wait 2d, N.Y. Prac, Judgments, § 63:175). The court properly exercised this power in this case. We have examined the appellant's other contention and find it to be without merit. Bracken, J.P., Brown, Kunzeman and Sullivan, JJ., concur.