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DOROTHY M. BADGETT, Respondent, v. KARL B. BADGETT, Appellant.

DECISION ORDER

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 plaintiff's 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 A.D.2d 1023).

The defendant's remaining contentions are without merit.

RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.

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BADGETT v. BADGETT
(Dec 1, 2003)