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Mondello v. Mondello

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 6, 2010

FRANK MONDELLO, PLAINTIFF-APPELLANT,
v.
PATRICIA MONDELLO, DEFENDANT-RESPONDENT.

Appeal from order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about May 26, 2009, which, inter alia, directed compliance with provisions of the parties' March 18, 2008 stipulation of settlement in their matrimonial action, unanimously dismissed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Sweeny, Freedman, Richter, Manzanet-Daniels, JJ.

12430/06

As we noted on the prior appeal from this order (69 AD3d 469 [2010]), defendant wife did not "as soon as possible . . . take all necessary actions to distribute the . . . [parties'] accounts," necessarily implying that it was her obligation, not just plaintiff husband's, to do so; she was properly directed to comply. The husband failed to cross-move or seek affirmative relief with respect to the wife's alleged failure to comply with other specific provisions of the stipulation, requesting only that she be held in contempt, generally, and liable for punitive damages for violating it, and is not aggrieved by the court's failure to include language directing such compliance (see Miller v Ross, 43 AD3d 730 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100506

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