Legal Opinion

Novak v. Novak

Appellate Division of the Supreme Court of the State of New York

Decided February 4, 2005Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Monroe County (Philip B. Dattilo, Jr., R.), entered November 20, 2003. The order, among other things, granted in part plaintiffs motion to enforce the parties’ stipulation and judgment of divorce.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by vacating those parts of the first ordering paragraph holding that Supreme Court has no power to modify the Qualified Domestic Relations Order and that the issue is res judicata and as modified the order is affirmed without costs and the matter is…

2Cases cited3 opinions

  1. Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
  2. Walpole v. LockhartAppellate Division of the Supreme Court of the State of New York · 2004
  3. Novak v. NovakAppellate Division of the Supreme Court of the State of New York · 2002

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