Bennett v. Bennett

Rose, J.P.

An amended judgment granting plaintiff a divorce on cruel and inhuman treatment grounds was entered in 2009, and we affirmed (82 AD3d 1294 [2011]). While that appeal was pending, however, plaintiff moved to resettle the amended judgment to, among other things, clarify that she was allowed to offset her child support arrears against payments owed to her from defendant’s pension. Supreme Court granted that portion of the motion to resettle and issued a second amended judgment, from which defendant now appeals.

We are unpersuaded by defendant’s contention that Supreme Court did not have…