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ZEBALLOS v. ZEBALLOS

Appellate Division of the Supreme Court of New York, Second Department.
Oct 26, 1984

Order affirmed, with costs.

Based on the record submitted, the issue concerning plaintiff's allegedly untimely pursuit of a default judgment was not raised in defendant's motion papers to vacate the default and, therefore, may not be considered for the first time on appeal ( Brent-Grand v Megavolt Corp., 97 A.D.2d 783; Arnold v New City Condominiums Corp., 88 A.D.2d 578, 579). Titone, J.P., Lazer, Bracken and Boyers, JJ., concur.