CITICORP VENDOR FIN. v. IS. GARDEN BASKETBALL

The appellant unreasonably delayed making her motion pursuant to CPLR 5015 (a) (3), in effect, to vacate stated portions of the order and judgment ( see Richardson v. Richardson, 309 AD2d 795, 796; Green Point Sav. Bank v. Arnold, 260 AD2d 543). Moreover, the appellant failed to establish that the plaintiff procured the order and judgment by fraud, misrepresentation, or other misconduct ( see CPLR 5015 [a] [3]; Blumes v. Madar, 21 AD3d 518, 520; Badgett v. Badgett, 2 AD3d 379; Feldstein v. Rounick, 295 AD2d 398, 399; Caiola v. Allcity Ins. Co., 257 AD2d 586, 588; cf. Oppenheimer v. Westcott, 47 NY2d 595, 604). Accordingly, the Supreme Court providently exercised its discretion in denying the appellant's motion.