MATTER OF CARROLL v. BENE


246 A.D.2d 649 (1998)

667 N.Y.S.2d 313

In the Matter of Karen W. Carroll, Appellant, v. Joseph Bene, Respondent

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

January 26, 1998


Ordered that the order is affirmed, without costs or disbursements.

The mother was not entitled to vacatur of the prior order of support on the grounds of newly-discovered evidence and fraud and misrepresentation by the father where, as here, the record supports the conclusion that the mother was aware of the evidence before the entry of the prior order (see, e.g., McGovern v Getz, 193 A.D.2d 655, 657; see also...

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