Mondello v Mondello
2010 NY Slip Op 03853 [73 AD3d 468]
May 6, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 30, 2010


Frank Mondello, Appellant,
v
Patricia Mondello, Respondent.

[*1] Frank J. Mondello, appellant pro se.

Appeal from order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about May 26, 2009, which, inter alia, directed compliance with provisions of the parties' March 18, 2008 stipulation of settlement in their matrimonial action, unanimously dismissed, without costs.

As we noted on the prior appeal from this order (69 AD3d 469 [2010]), defendant wife did not "as soon as possible, . . . take all necessary actions to distribute the . . . [parties'] accounts," necessarily implying that it was her obligation, not just plaintiff husband's, to do so; she was properly directed to comply. The husband failed to cross-move or seek affirmative relief with respect to the wife's alleged failure to comply with other specific provisions of the stipulation, requesting only that she be held in contempt, generally, and liable for punitive damages for violating it, and is not aggrieved by the court's failure to include language directing such compliance (see Miller v Ross, 43 AD3d 730 [2007]). Concur—Mazzarelli, J.P., Sweeny, Freedman, Richter and Manzanet-Daniels, JJ.