Schwarz v. S & S Auto Repair Center, Inc.

In a special proceeding pursuant to CPLR 5241 to recover accrued child support arrears, the appeal is from a judgment of the Supreme Court, Nassau County (Robbins, J.), entered December 17,1993, which awarded the petitioner the principal sum of $11,600.

Ordered that the judgment is affirmed, with costs.

Contrary to the appellants’ contentions, the underlying income executions were properly entered, as the debtor, Steven Schwarz, failed to allege a mistake of fact with regard to the executions within the statutory period (see, CPLR 5241 [e], [fD.

The special proceeding for enforcement was…