Opinion
October 19, 1998
Appeal from the Supreme Court, Suffolk County (Floyd, J.).
Ordered that the order is affirmed insofar appealed from, with costs.
The Supreme Court correctly precluded the defendant from relitigating his claim that the terms of the judgment of divorce unconscionable. This issue was previously addressed in an order of the same court, dated May 22, 1996, from which no appeal was taken ( see, Haibi v. Haibi, 171 A.D.2d 842). Further, we decline to exercise our discretion to address the merits of the defendant's contention ( see, Haibi v. Haibi, supra).
The defendant's remaining contentions are without merit.
Bracken, J. P., Copertino, Thompson and Friedmann, JJ., concur.