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BAECHER v. BAECHER

198 A.D.2d 203 (1993)

604 N.Y.S.2d 787

Elizabeth R. Baecher, Plaintiff, v. John J. Baecher, Jr., Appellant-Respondent. Doris L. Sassower, Nonparty Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 1, 1993

Ordered that the order is affirmed, with costs to the nonparty respondent-appellant.

Since the defendant failed to request that the court hold an evidentiary hearing on his motion to vacate, his claim on appeal that such a hearing should have been held is unpreserved for appellate review (see, Matter of Aetna Cas. & Sur. Co. v Scirica, 170 A.D.2d 448; Bile v Bile, 95 A.D.2d 719

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