Wikso v. Wikso

Order unanimously aifirmed with costs. Memorandum: In this proceeding pursuant to CPLR 5241 to correct or vacate an income execution for support enforcement on the ground of a mistake of fact, respondent contends that the amount of the arrears specified in the income execution is in error. He contends that he owes no money because the separation agreement which required him to pay maintenance was abrogated by the reconciliation of the parties. Respondent claims that the trial court erred when it summarily denied his application without a hearing.

Respondent’s claim is without merit. The…