Vogelgesang v. Vogelgesang
| Decision Date | 30 March 2010 |
| Citation | 899 N.Y.S.2d 272,71 A.D.3d 1132 |
| Parties | Teresa VOGELGESANG, respondent, v. Arthur VOGELGESANG, appellant. (Matter No. 1) In the Matter of Teresa Vogelgesang, respondent, v. Arthur Vogelgesang, appellant. (Matter No. 2). |
| Court | New York Supreme Court — Appellate Division |
71 A.D.3d 1132
Teresa VOGELGESANG, respondent,
v.
Arthur VOGELGESANG, appellant. (Matter No. 1)
In the Matter of Teresa Vogelgesang, respondent,
v.
Arthur Vogelgesang, appellant. (Matter No. 2).
Supreme Court, Appellate Division, Second Department, New York.
March 30, 2010.
Larry S. Bachner, Jamaica, N.Y., for appellant.
Kaufman & Serota, Rockville Centre, N.Y. (Lila N. Serota and Stuart Serota of counsel), for respondent in Matter No. 1.
Robert L. Cohen, New York, N.Y. (Lila N. Serota of counsel), for respondent in Matter No. 2.
WILLIAM F. MASTRO, J.P., RANDALL T. ENG, ARIEL E. BELEN, and SHERI S. ROMAN, JJ.
In a matrimonial action in which the parties were divorced by judgment entered October 18, 2006 (Matter No. 1), and a related proceeding pursuant to CPLR article 52 to enforce a money judgment entered July 12, 2007, by the Family Court, Queens County, representing child support arrears owed by the father (Matter No. 2), the former husband/father appeals (1) from an order of the Supreme Court, Queens County (Flaherty, J.), entered February 10, 2009, which denied his motion, inter alia, to vacate the equitable distribution provisions of the judgment in Matter No. 1, in effect, pursuant to CPLR 5015(a)(2), or, in the alternative, to compel the former wife to transfer to him her interest in real property awarded to him by that judgment, and, sua sponte, enjoined him from filing any further actions or motions in the matrimonial action without the prior written permission of the court where the action or motion is to be filed, (2), as limited by his brief, from so much of an order of the same court entered March 30, 2009, as, in effect, upon reargument, adhered to an original determination in an order dated February 6, 2008, denying those branches of his prior motion which were to vacate the child support and maintenance provisions of the judgment in Matter No. 1, and (3) from an order and judgment (one paper) of the
ORDERED that on the Court's own motion, the notice of appeal from so much of the order entered February 10, 2009, as, sua sponte, enjoined the appellant from filing any further actions or motions in the matrimonial action without the prior written permission of the court where the action or motion is to be filed, is...
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