Opinion
2013-05-8
Andrew BECKWITH, appellant, v. XI YANG, respondent.
Andrew Walcott Beckwith, named herein as Andrew Beckwith, Setauket, N.Y., appellant pro se. Edward J. DiNunzio, Port Jefferson, N.Y., for respondent.
Andrew Walcott Beckwith, named herein as Andrew Beckwith, Setauket, N.Y., appellant pro se. Edward J. DiNunzio, Port Jefferson, N.Y., for respondent.
Appeal by the plaintiff, as limited by his brief, from stated portions of an order of the Supreme Court, Suffolk County (Mayer, J.), dated November 1, 2011, which, inter alia, denied that branch of his motion which was, in effect, pursuant to CPLR 5015(a)(3) to vacate stated portions of a judgment of divorce of the same court (Kelly, J.), entered March 30, 2010.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff failed to meet his burden of establishing the existence of fraud, misrepresentation, or other misconduct on the part of the defendant and, thus, was not entitled to vacatur of any portion of the judgment of divorce pursuant to CPLR 5015(a)(3) ( see Mims v. Perez, 79 A.D.3d 1106, 912 N.Y.S.2d 913;Scheu v. Fan Ru Tseng, 72 A.D.3d 930, 898 N.Y.S.2d 502;*880cf. Shaw v. Shaw, 97 A.D.2d 403, 467 N.Y.S.2d 231).
The parties' remaining contentions are without merit.