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Vogelgesang v. Vogelgesang

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


March 30, 2010

TERESA VOGELGESANG, RESPONDENT,
v.
ARTHUR VOGELGESANG, APPELLANT.

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., RANDALL T. ENG, ARIEL E. BELEN, SHERI S. ROMAN, JJ.

(Index No. 750/05)

DECISION & ORDER

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.

20100330

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