Flynn v. Flynn

Special Term properly denied the defendant’s motion to vacate the order entered October 13, 1982. That order was superseded by the judgment of divorce (see, Schapiro v Schapiro, 27 AD2d 667) and was of no effect after entry of the judgment (see, Mittman v Mittman, 263 App Div 384; Kellogg v Stoddard, 89 App Div 137). His further argument that the failure to comply with what he claims to have been an invalid pendente lite order had a prejudicial impact on the trial court’s custody determination provides no basis for vacating the pendente lite order. Such an argument might have been cognizable…