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AFTUCK v. AFTUCK

Appellate Division of the Supreme Court of New York, Third Department.
Nov 27, 1996

Yesawich Jr., J.

The appeal must be dismissed. Defendant's motion to "modify" the judgment so as to eliminate therefrom the sum of $9,658.44 in interest was, in essence, an application to resettle the judgment in its substantive or decretal provisions, the denial of which is not appealable ( see, Brennan v Breezy Point Coop., 124 AD2d 772, appeal dismissed, Iv dismissed 70 NY2d 641, 782; Cohn v Cohn, 100 AD2d 528).

Ordered that the appeal is dismissed, without costs.