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FAYE TESLER LIPKINS, RESPONDENT, v. ELIAS TESLER, APPELLANT.

DECISION ORDER

ORDERED that the appeal is dismissed, with costs.

The defendant's motion, denominated as one to amend the Qualified Domestic Relations Order, was in essence, one to resettle that order (see, Aftuck v. Aftuck, 233 A.D.2d 815). The Supreme Court granted that branch of the motion which was to resettle the order to correct a clerical mistake, but denied that branch of the motion which was to resettle the order to delete an entire decretal paragraph (see, Salvati v. Salvati, 208 A.D.2d 516). The appeal from the denial of that branch of the motion which was for resettlement of a decretal paragraph must be dismissed, as no appeal lies from that portion of the order (see, Fisch v. Rabbani, 266 A.D.2d 460; Aftuck v. Aftuck, supra).

The parties' remaining contentions are without merit.

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LIPKINS v. TESLER
(Nov 21, 2000)