Kubick v. Kubick

—Appeal from order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about April 19, 1998, which, to the extent appealed from, denied, in part, defendant’s motion to resettle the parties’ judgment of divorce entered February 13, 1998, unanimously dismissed, without costs.

No appeal lies from the denial of a motion to resettle the decretal paragraphs of a judgment (Hatsis v Hatsis, 122 AD2d 111). Were we to consider the matter on the merits, we would affirm. The parties’ stipulation of settlement entered upon the record expressly stated, “[T]he holidays, and holiday recess…