Free Resettlement Order - New York

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF -------------------------------------------------------------------X

Plaintiff, -against-

Index No.:

RESETTLEMENT ORDER

Defendant. ------------------------------------------------------------------X J.:

Plaintiff / Defendant court's order dated

moves by order to show cause for an order granting resettlement of the . The plaintiff / defendant opposes the motion.

Resettlement is a procedure used to correct errors or omissions as to form or for clarification. Resettlement is not to be used to bring about a substantive change. See Foley v. Roche, 68 A.D.2d 558, 566 (1st Dept. 1979). Thus, plaintiff's / defendant's motion which seeks resettlement is inappropriate as it does not seek to correct or clarify the order but, rather, seeks to change the substance. Accordingly, the motion for resettlement is denied. This constitutes the decision and order of the court.

Dated:

Justice Supreme Court

Resettlement Order September 2004