Opinion
Argued February 8, 2000.
April 3, 2000.
In a proceeding pursuant to CPLR 5241 to vacate an income execution on the ground that a mistake of fact exists with respect thereto, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Kohn, J.), dated March 26, 1999, which denied the petition and dismissed the proceeding.
Gerald Sultan, Brooklyn, N.Y., for appellant.
Murray Honig, Great Neck, N.Y., for respondent.
LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, MYRIAM J. ALTMAN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
Although the petition challenging the income execution obtained by the former wife was timely, the former husband failed to proffer sufficient proof of a mistake of fact (see, Matter of Schwartz v. S S Auto Repair Ctr., 216 A.D.2d 473; CPLR 5241[e]).