Holland v. Holland — 193 A.D.2d 416

Majority

p. 416

Carol A. Holland, Respondent, v Joseph Holland, Appellant.

[598 NYS2d 708]

—Order, Supreme Court, Bronx County (Anita Florio, J.), entered April 22, 1992, which denied defendant’s motion to modify an income execution, unanimously affirmed, without costs.

Defendant’s application for a modification of the income

p. 417

execution dated May 15, 1991 on the ground of mistake of fact was untimely (CPLR 5241 [e]). In any event, we would not address those issues raised by defendant for the first time on appeal. Concur—Sullivan, J. P., Carro, Wallach, Kupferman and Nardelli, JJ.