Vogelgesang v Vogelgesang
2010 NY Slip Op 02780 [71 AD3d 1132]
March 30, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


Teresa Vogelgesang, Respondent,
v
Arthur Vogelgesang, Appellant.

[*1] Larry S. Bachner, Jamaica, N.Y., for appellant.

Kaufman & Serota, Rockville Centre, N.Y. (Lila N. Serota and Stuart Serota of counsel), for respondent.

In a matrimonial action in which the parties were divorced by judgment entered October 18, 2006, the defendant appeals from an order of the Supreme Court, Queens County (Flaherty, J.), entered September 25, 2008, which denied his motion, in effect, to vacate the judgment of divorce for failure to comply with 22 NYCRR 202.48.

Ordered that the order is affirmed, with costs.

Under the circumstances, the defendant failed to establish that the judgment of divorce was entered in violation of 22 NYCRR 202.48. Mastro, J.P., Eng, Belen and Roman, JJ., concur.