Badgett v. Badgett

Appellate Division of the Supreme Court of New York

Badgett v. Badgett

2 A.D.3d 379, 767 N.Y.S.2d 792

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 1, 2003

StatusPublished

Cited by18 cases

This text of 2 A.D.3d 379 (Badgett v. Badgett) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Badgett v. Badgett, 2 A.D.3d 379, 767 N.Y.S.2d 792 (N.Y. Ct. App. 2003).

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Opinion

—In a matrimonial action in which the parties were divorced by judgment entered October 29, 1982, the defendant former husband appeals from so much of an order of the Supreme Court, Dutchess County (Dolan, J.), dated July 17, 2002, as denied his motion to vacate the judgment of divorce pursuant to CFLR 5015 (a) (3).

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant failed to meet his burden of establishing the existence of fraud, misrepresentation, or other misconduct on the plaintiffs part sufficient to entitle him to vacatur of the judgment of divorce pursuant to CPLR 5015 (a) (3) (see Matter of Shere L. v Odell H., 303 AD2d 1023 [2003]).

The defendant’s remaining contentions are without merit. Ritter, J.P., Smith, Goldstein and H. Miller, JJ., concur.

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—In a matrimonial action in which the parties were divorced by judgment entered October 29, 1982, the defendant former husband appeals from so much of an order of the Supreme Court, Dutchess County (Dolan, J.), dated July 17, 2002, as denied his motion to vacate the judgment of divorce pursuant to CFLR 5015 (a) (3).

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant failed to meet his burden of establishing the existence of fraud, misrepresentation, or other misconduct on the plaintiffs part sufficient to entitle him to vacatur of the judgment of divorce pursuant to CPLR 5015 (a) (3) (see Matter of Shere L. v Odell H., 303 AD2d 1023 [2003]).

The defendant’s remaining contentions are without merit. Ritter, J.P., Smith, Goldstein and H. Miller, JJ., concur.

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Bluebook (online)

2 A.D.3d 379, 767 N.Y.S.2d 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/badgett-v-badgett-nyappdiv-2003.

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