Opinion
March 13, 1998
Appeal from the order of Supreme Court, Monroe County, Fisher, J. — Support.
Present — Green, J. P., Hayes, Callahan, Balio and Fallon, JJ.
Appeal unanimously dismissed without costs. Memorandum: The appeal from the order entered January 25, 1996 is dismissed because that order was superseded by an order entered March 6, 1996 (see, Matter of Eric D. [appeal No. 1], 162 A.D.2d 1051; 10 Carmody-Wait 2d N Y Prac § 70:28). The March 6th order was itself superseded by an order entered May 10, 1996. Although the May 10th order purports to resettle the March 6th order, "[r]esettlement is not to be used to effect a substantive change in or to amplify the prior decision of the court" (Barretta v. Webb Corp., 181 A.D.2d 1018, lv dismissed 80 N.Y.2d 892; see, Tidball v. Tidball, 108 A.D.2d 957, 958; Foley v. Roche, 68 A.D.2d 558, 566). The May 10th order effects several substantive changes in the March 6th order and is in fact an amended order. "No appeal lies from an original order that has been superceded by an amended order" (Matter of Eric D., supra, at 1051). No appeal has been taken from the May 10th order, and we therefore lack jurisdiction to review it (see, Matter of Winans v. Manz, 54 A.D.2d 597).