Cuttler v. Cuttler

Cuttler v Cuttler (2015 NY Slip Op 05906)

Cuttler v Cuttler

2015 NY Slip Op 05906

Decided on July 8, 2015

Appellate Division, Second Department

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.

Decided on July 8, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.

2014-10860
(Index No. 1328/06)

[*1]Alvin S. Cuttler, appellant,

v

Libby J. Cuttler, respondent.

Vanderwoude & Associates, PLLC, Carmel, N.Y. (Neil Vanderwoude of counsel), for appellant.

DECISION & ORDER

Appeal from an order of the Supreme Court, Putnam County (Victor G. Grossman, J.), dated October 31, 2014. The order, insofar as appealed from, granted the defendant's cross motion to enforce the determination in a prior order of the same court dated December 18, 2013, directing the plaintiff to execute the trust instrument proposed by the defendant.

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's cross motion to direct the plaintiff to execute a trust instrument proposed by the defendant is denied.

In light of our determination in Cuttler v Cuttler (_____ AD3d _____ [Appellate Division Docket No. 2014-01350; decided herewith]), the defendant was not entitled to enforcement of the directive that the plaintiff execute the trust instrument proposed by the defendant.

DILLON, J.P., DICKERSON, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court