Barrett v. Stone

—Order, Supreme Court, New York County (Walter Tolub, J.), entered June 26, 1996, which, inter alia, denied defendant’s motion to vacate a prior installment payment order in favor of plaintiff, unanimously affirmed, with costs.

Defendant’s motion to vacate the installment payment order was held in abeyance pending receipt of a Special Referee’s report "on the issue of defendant’s income and assets”. The Special Referee’s report purported to do no more than recite the "essential testimony” of defendant, the only witness called at the hearing, that he has had no employment or income since being…