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BISCHOFF v. GAILEY

256 A.D.2d 432 (1998)

683 N.Y.S.2d 862

CATHY BISCHOFF, Respondent, v. JOHN GAILEY, Appellant.

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

Decided December 16, 1998.

Ordered that the order is affirmed, with costs.

Subsequent to the judgment of divorce, the plaintiff mother served an income execution upon the defendant father pursuant to CPLR 5241 for his alleged default in paying child support. The father thereafter applied, in effect, to vacate the income execution on the ground of mistake of fact (see, CPLR 5241 [a] [8]; [e]). The father failed to come forward with evidence...

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