| Moody v Sorokina |
| 2008 NY Slip Op 08948 [56 AD3d 1246] |
| November 14, 2008 |
| Appellate Division, Fourth Department |
| John Moody, Respondent, v Svetlana Sorokina, Appellant. (AppealNo. 1.) |
—[*1] Scolaro, Shulman, Cohen, Fetter & Burstein, P.C., Syracuse (Shari R. Cohen of counsel), forplaintiff-respondent. Eugene J. Langone, Jr., Law Guardian, Watertown, for Nickolai M.
Appeal from an order of the Supreme Court, Jefferson County (Joseph D. McGuire, J.),entered August 6, 2007. The order, inter alia, denied defendant's motion for primary physicalcustody of the parties' child.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: With respect to appeal No. 1, we affirm for reasons stated in the decision atSupreme Court. We add only that the court did not abuse or improvidently exercise its discretionin declining to sanction plaintiff's attorney (see 22 NYCRR 130-1.1 [a], [c] [3]).
With respect to appeal No. 2, we note that the appeal is taken from an amended order. Thatamended order merely corrected a clerical error in the order in appeal No. 1, which erroneouslyrecited that defendant cross-moved for summary judgment when, in fact, plaintiff had made thecross motion. We therefore dismiss the appeal from the amended order on the ground that theamended order did not effect a substantive change, and the appeal thus properly lies from theorder in appeal No. 1 (see generally Matter of Kolasz v Levitt, 63 AD2d 777, 779[1978]). Present—Hurlbutt, J.P., Smith, Green, Pine and Gorski, JJ.