| McMahan v McMahan |
| 2013 NY Slip Op 07014 [110 AD3d 1036] |
| October 30, 2013 |
| Appellate Division, Second Department |
| David Bruce McMahan, Respondent, v ElenaMcMahan, Appellant. |
—[*1] DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains, N.Y. (FaithG. Miller of counsel), and Cheryl Foster Smith, New York, N.Y., for respondent (onebrief filed).
In an action for a divorce and ancillary relief, the defendant appeals, as limited by herbrief, from so much of an order of the Supreme Court, Westchester County (Colangelo,J.), entered August 21, 2012, as denied her motion for leave to renew her prior motion tomodify the parties' stipulation of settlement, which had been denied in an order of thesame court dated May 22, 2012.
Ordered that the order entered August 21, 2012, is affirmed insofar as appealed from,with costs.
The new facts adduced on the motion for leave to renew would not have changed theprior determination, which denied the defendant's motion to modify a stipulation ofsettlement entered into by the parties in November 2011 (see CPLR 2221 [e][2]). As such, the motion for leave to renew was properly denied (see Semenov v Semenov, 98AD3d 962 [2012]).
The defendant's remaining contentions are without merit. Dillon, J.P., Dickerson,Hall and Austin, JJ., concur.