Guiliano v. Richardson

—In an action, inter alia, to recover damages for fraud, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Nelson, J.), dated March 21, 2002, as denied his motion, in effect, pursuant to CPLR 5015 (a) (2) to vacate a judgment dated February 23, 2001, and for an award of restitution pursuant to CPLR 5015 (d).

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

In support of his motion, the plaintiff failed to proffer newly-discovered evidence within the meaning of CPLR 5015 (a) (2) *720(see Belesi v Connecticut Mut.…