Silvers v. Silvers

• Decision Date: 27 September 1993
• Citation: Silvers v. Silvers, 603 N.Y.S.2d 764, 196 A.D.2d 863 (N.Y. App. Div. 1993)
• Parties: Shelby SILVERS, Respondent, v. Ronald SILVERS, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 764

603 N.Y.S.2d 764

196 A.D.2d 863

Shelby SILVERS, Respondent, v.Ronald SILVERS, Appellant.

Supreme Court of New York, Appellate Division Second Department.

Sept. 27, 1993.

David H. Perlman, Brooklyn, for appellant.

Del Seligman, New York City, for respondent.

In a matrimonial action in which the parties were divorced by a judgment dated December 9, 1986, the defendant former husband appeals from an order of the Supreme Court, Nassau County(Morrison, J.), dated June 18, 1991, which denied his motion to correct or modify the ninth decretal paragraph of the judgment of divorce, which grants the former wife 50% of his entire pension, rather than 50% of the portion thereof which allegedly constitutes marital property.

ORDERED that the order is affirmed, with costs.

The trial court on this motion to correct the judgment pursuant to CPLR 5019(a) did not have revisory or appellate jurisdiction to correct the purported error, as the proposed amendment would have affected a substantial right of the former wife (see, Blaustein v. Blaustein, 145 A.D.2d 591, 592, 536 N.Y.S.2d 468).Additionally, the error alleged by the appellant does not constitute grounds for relief under either CPLR 5015, or pursuant to the court's inherent power to exercise control over its judgments (see,...