Calle v. Calle

Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered February 9, 2005. The order denied defendant’s motion to vacate in part the judgment of divorce.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied as untimely defendant’s motion to vacate in part the judgment of divorce entered upon defendant’s default (see Mauro v Mauro, 13 AD3d 345 [2004]; see also Passas v Passas, 18 AD3d 842 [2005]; Cook v Cook, 260 AD2d 160, 161 [1999], lv denied in part and…