Opinion
CA 02-00562
November 15, 2002.
Appeal and cross appeal from an order of Supreme Court, Monroe County (VanStrydonck, J.), entered December 17, 2001, which, inter alia, denied defendant's motion to amend or correct the Qualified Domestic Relations Order entered March 15, 2001.
JAMES D. BELL, BROCKPORT, FOR DEFENDANT-APPELLANT-RESPONDENT.
FARBER FARBER, PENFIELD (DEBORAH GERBER FARBER OF COUNSEL), FOR PLAINTIFF-RESPONDENT-APPELLANT.
PRESENT: HAYES, J.P., HURLBUTT, KEHOE, BURNS, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied defendant's motion to amend or correct the Qualified Domestic Relations Order entered March 15, 2001. Where, as here, a substantial right of a party is affected, the court is not authorized pursuant to CPLR 5019(a) to amend a judgment or order ( see Gasteiger v. Gasteiger, 288 A.D.2d 881; see also Matter of Empire State Pipeline v. Town of Arcadia Assessor, 270 A.D.2d 830, 831; Vollbrecht v. Vollbrecht, 246 A.D.2d 793, 794-795). In view of the financial resources of plaintiff, the court did not abuse its discretion in denying that part of her cross motion for attorney's fees ( see Matter of Venezia v. Venezia, 144 A.D.2d 948, 949).