In re Joseph J.L.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
When a party alleges that a judgment does not accurately incorporate the provisions of a stipulation of settlement, the preferred remedy is to move in the trial court to resettle or vacate the judgment, rather than to appeal (see Charos v Charos, 3 AD3d 467 [2004]; Fitzgerald v Fitzgerald, 302 AD2d 356 [2003]; Matter of Gesvantner v Dominguez, 273 AD2d 383 [2000]). Nevertheless, we have examined the stipulation and the judgment appealed from in this matter and find that the latter does not conform to the former in several key respects regarding the appellant’s future receipt of tax planning…
2Cases cited5 opinions
- Pizzuto v. PizzutoAppellate Division of the Supreme Court of the State of New York · 1990
- Gesvantner v. DominguezAppellate Division of the Supreme Court of the State of New York · 2000
- Charos v. CharosAppellate Division of the Supreme Court of the State of New York · 2004
- Page v. PageAppellate Division of the Supreme Court of the State of New York · 2006
- Fitzgerald v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by2 opinions
- Town of Warwick v. Black Bear CampgroundsAppellate Division of the Supreme Court of the State of New York · 2012
- Ayrovainen v. AyrovainenAppellate Division of the Supreme Court of the State of New York · 2012