March 1, 2011
KARYN L. NUFRIO, PLAINTIFF-RESPONDENT,
MARC E. NUFRIO, DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FM-12-5-04M.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: February 3, 2011
Before Judges Cuff, Simonelli and Fasciale.
In this post-divorce judgment matrimonial dispute, pro se defendant, Marc Nufrio, appeals from those parts of the orders dated November 7, 2008 and January 23, 2009, and May 1, 2009, addressing parenting time with his son. We previously dismissed the appeals from the first two orders. Thus, this appeal concerns only the May 1, 2009 order.
Paragraph one of the May 1 order mistakenly re-established defendant's parenting time by consent. On May 13, 2009, the trial judge entered an order vacating that part of the May 1 order concerning parenting time and reserved decision about parenting time "pending resolution of defendant's recently filed motion returnable Thursday, May 28, 2009."
Because the judge vacated the May 1 order, the operative order is the May 13 order. Defendant never filed a motion, however, to amend the appeal to include that order. Nevertheless, the May 13 order by its terms is interlocutory because the judge reserved decision pending resolution of a new motion.
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