Gormel v. Prudential Insurance of America

Order unanimously reversed on the law without costs and motion denied. Memorandum: " 'Resettlement’ connotes the revising of the order to make it respond to the decision” (Siegel, NY Prac § 250, at 308). "Resettlement of an order is a procedure designed solely to correct errors or omissions as to form, or for clarification. It may not be used to effect a substantive change in or to amplify the prior decision of the court” (Foley v Roche, 68 AD2d 558, 566; see also, Wilcox v County of Onondaga, 132 AD2d 984). Here, pursuant to defendant’s motion to resettle an order in a declaratory judgment…