Opinion
2002-00030
Argued September 12, 2002.
October 1, 2002.
In a matrimonial action in which the parties were divorced by judgment dated February 22, 1999, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated September 21, 2001, as denied that branch of his cross motion which was, in effect, to resettle the judgment of divorce to conform to the parties' settlement agreement and as failed to determine that branch of his cross motion which was for a downward modification of his child support obligation.
Fagenson and Puglisi, New York, N.Y. (Kevin T. McDermott of counsel), for appellant.
Larkin, Axelrod, Trachte Tetenbaum, LLP, Newburgh, N.Y. (William J. Larkin III, of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, CORNELIUS J. O'BRIEN, HOWARD MILLER, JJ.
ORDERED that the appeal is dismissed, with costs.
The appeal from so much of the order as denied that branch of the defendant's cross motion which was, in effect, to resettle the parties' judgment of divorce must be dismissed. No appeal lies from an order denying resettlement of the substantive or decretal paragraphs of a judgment (see Scopelliti v. Scopelliti, 250 A.D.2d 752; EQK Green Acres v. United States Fid. Guar. Co., 248 A.D.2d 667; Verdrager v. Verdrager, 230 A.D.2d 786; Blaustein v. Blaustein, 145 A.D.2d 591). The appeal from so much of the order as failed to determine that branch of the cross motion which was for downward modification of the defendant's child support obligation must also be dismissed as that branch of the motion remains pending and undecided (see Mahoney v. Mahoney, 272 A.D.2d 303; Katz v. Katz, 68 A.D.2d 536).
ALTMAN, J.P., FLORIO, O'BRIEN and H. MILLER, JJ., concur.