Sperbeck v. Sperbeck

Mikoll, J. P. Appeal from an order of the Supreme Court (Hughes, J.), entered December 30, 1993 in Schoharie County, which denied plaintiffs motion to partially vacate a prior judgment ordering equitable distribution of the parties’ marital residence.

The parties were married on July 27, 1975 and divorced by judgment entered June 18, 1990. More than three years later, plaintiff made the instant motion to set aside that portion of the judgment of divorce which ordered that the marital residence be sold with the proceeds to be divided equally. Plaintiff asserts that the parties had executed a…