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MAURO v. MAURO

13 A.D.3d 345 (2004)

786 N.Y.S.2d 213

FRANCES MAURO, Respondent, v. ALBERT MAURO, Appellant.

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

December 6, 2004.

Ordered that the order is affirmed, with costs.

The defendant admits that he had notice of the judgment of divorce three years before he made the motion to vacate. Accordingly, that branch of the defendant's motion which was to vacate the judgment of divorce and to reopen the issue of equitable distribution on the ground of excusable neglect under CPLR 5015 (a) (1) was properly denied as untimely (see Hartcorn v Hartcorn, 299 A.D.2d 395

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