Martin v. Martin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal unanimously dismissed without costs. Memorandum: The appeal from the order entered January 25, 1996 is dismissed because that order was superseded by an order entered March 6, 1996 (see, Matter of Eric D. [appeal No. 1], 162 AD2d 1051; 10 CarmodyWait 2d, NY Prac § 70:28). The March 6th order was itself superseded by an order entered May 10, 1996. Although the May 10th order purports to resettle the March 6th order, “Resettlement is not to be used to effect a substantive change in or to amplify the prior decision of the court” (Barretta v Webb Corp., 181 AD2d 1018, Iv dismissed 80 NY2d…
2Cases cited5 opinions
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
- In re SternbergNew York Court of Appeals · 1992
- Barretta v. Webb Corp.Appellate Division of the Supreme Court of the State of New York · 1992
- Tidball v. TidballAppellate Division of the Supreme Court of the State of New York · 1985
- Winans v. ManzAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by1 opinion
- Martin v. MartinAppellate Division of the Supreme Court of the State of New York · 1998