Opinion
May 31, 1990
Appeal from the Supreme Court, Putnam County (Dickinson, J.).
As rightly observed by Supreme Court, this proceeding is time barred (CPLR 217). Parenthetically, we note that petitioner's contention, raised for the first time on appeal, that the income execution dated November 3, 1988 was not mailed to him is simply not borne out by the record.
Judgment affirmed, without costs. Kane, J.P., Casey, Mikoll, Yesawich, Jr., and Levine, JJ., concur.