Stover v. Goegel

—In a special proceeding pursuant to CPLR 5241 to vacate an income execution served by the petitioner’s former wife, the petitioner appeals from an order of the Supreme Court, Suffolk County (Mclnerney, J.), dated December 1, 1993, which denied his application.

Ordered that the order is affirmed, with costs.

The petitioner sought to vacate an income execution served by his former wife for support payment arrears alleging that it was issued based on "a mistake of fact” (see, CPLR 5241 [e]). Critical to his arguments on appeal is his assertion that the divorce decree underlying the income…