MATTER OF FISCH v. RABBANI

Appellate Division of the Supreme Court of New York, Second Department.

Nov 30, 1999

Judgment

CaseIQ

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DECISION ORDER

ORDERED that the appeal is dismissed, with costs.

The petitioners' motion sought, in effect, to resettle substantive portions of a judgment. An order denying a motion to resettle substantive portions of a judgment is not appealable ( see, G.R.K. Realty Corp. v. Tischfeld, 264 A.D.2d 708 [2d Dept., Sept. 13, 1999]; Herzog v. Town of Thompson, 251 A.D.2d 917, 919). Accordingly, the appeal must be dismissed.

BRACKEN, J.P., S. MILLER, THOMPSON, and FRIEDMANN, JJ., concur.