Falabella v. Murray

—In an action for custody of a minor child, the defendant mother appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (McNulty, J.), dated July 15, 1998, as denied her motion for a new trial on the ground, inter alia, of newly-discovered evidence.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the mother’s contention, the report of her own psychologist does not constitute evidence which was “newly-discovered” within the meaning of CPLR 5015 (a) (2). The mother was aware of the existence of this report before trial,…