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Pessolano v. Pessolano

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


July 13, 2009

CHERYL K. PESSOLANO, PLAINTIFF-RESPONDENT,
v.
RICHARD PESSOLANO, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Sussex County, Docket No. FM-19-540-95.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 15, 2009

Before Judges Carchman and Parrillo.

Defendant Richard Pessolano appeals from a February 15, 2008 order of the Family Part denying his application for an order "correcting and/or amending the Consent Order Modifying Dual Judgment of Divorce Nunc Pro Tunc to October 31, 1996."

The consent order, entered on August 25, 1998, addressed the respective interests of defendant and his former wife, plaintiff Cheryl K. Pessolano in the former marital residence located in Sparta, New Jersey. After considering the moving and responding papers as well as considering the oral argument of the parties, Judge McGovern determined that defendant had failed to establish a basis for relief pursuant to Rule 4:50-1(f). The judge noted that the relief sought was ten years after the entry of the consent order and after the property had been conveyed to plaintiff and then defendant's son.*fn1

We, too, have carefully reviewed the record in this matter and have considered defendant's arguments and conclude that they are without merit. R. 2:11-3(e)(1)(E). We affirm substantially for the reasons set forth in Judge McGovern's thorough and thoughtful oral opinion of February 15, 2008.

Affirmed.


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