Cox v. Cox

Mikoll, J. P.

Defendants appeal from an order of Supreme Court which denied his motion to resettle the judgment of divorce and also appeals from an order which granted plaintiff’s motion to amend the judgment of divorce. The issue herein is whether the supplemental order entered October 28, 1994 contradicts the stipulation of settlement of the parties’ divorce action which was entered into by them on November 20, 1992 and was incorporated but not merged in the divorce decree.

Initially, we note that defendant’s appeal from the denial of his motion to resettle the judgment of divorce is not…