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URI TORNHEIM, appellant, v. DOREEN TORNHEIM, respondent.

DECISION ORDER

ORDERED that the order and judgment is affirmed insofar as appealed from, with costs.

The plaintiff failed to present any evidence of fraud on the part of the defendant ( see CPLR 5015[a][3]). Accordingly, the Supreme Court properly denied that branch of his cross motion which was to vacate so much of the parties' judgment of divorce as imputed income to him and granted the defendant's motion for a money judgment for, inter alia, arrears which accrued under the judgment of divorce ( see Walker v. Weinstock, 255 A.D.2d 508; North Fork Bank v. Hamptons Mist Mgt. Corp., 234 A.D.2d 435).

ALTMAN, J.P., H. MILLER, ADAMS and TOWNES, JJ., concur.

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TORNHEIM v. TORNHEIM
(Oct 27, 2003)