General

Jean M. Aftuck, Respondent, v. Michael D. Aftuck, Appellant

233 A.D.2d 815650 N.Y.S.2d 440·New York Supreme Court, Appellate Division·1996·NY

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Opinion

Jean M. Aftuck, Respondent, v Michael D. Aftuck, Appellant. [650 NYS2d 440] [MAJORITY] Yesawich Jr., J. Appeal from an order of the Supreme Court (Monserrate, J.), entered February 14, 1995 in Broome County, which denied defendant’s motion to amend a prior judgment requiring defendant to pay interest on child support arrears. The appeal must be dismissed. Defendant’s motion to "modify” the judgment so as to eliminate therefrom the sum of $9,658.44 in interest was, in essence, an application to resettle the judgment in its substantive or decretal provisions, the denial of which is not appealable (see, Brennan v Breezy Point Coop., 124 AD2d 772, appeal dismissed, lv dismissed 70 NY2d 641, 782; Cohn v Cohn, 100 AD2d 528). Mercure, J. P., Peters, Spain and Carpinello, JJ., concur. Ordered that the appeal is dismissed, without costs.