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Lang v. Downey

135 A.D.2d 1145 Court N.Y. App. Div. Decision date 1987-12-18 English

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p. 1145
Judith Lang, Appellant, v Richard Downey, Jr., Re
p. 1146
spondent.

— Motion for clarification denied. Memorandum: Appellant moves for "a clarification of the effective date of the increase in child support” as provided in our order of September 27, 1985 [ 113 AD2d 1013 ]. Our order needs no clarification. The order appealed from modified a judgment of divorce by-increasing the amount provided for child support. Our order modified that order by further increasing the amount of child support; it did not change its effective date. The notice of appeal expressly limited the issues appealed from to issues other than the effective date of the increase in child support; thus, appellant waived her right to a determination of that issue on appeal (see, 10 Carmody-Wait 2d, NY Prac § 70:86, at 354). Appellant is not entitled to a determination of that issue on this motion, which is in effect an attempt to reargue the appeal. Present — Dillon, P. J., Callahan, Denman, Boomer and Green, JJ.