Opinion
June 15, 1987
Appeal from the Supreme Court, Nassau County (Christ, J.).
Ordered that the order is affirmed, without costs or disbursements.
Special Term correctly held that the defendant's affidavit confessing judgment in favor of the plaintiff lacked the requisite factual specificity to satisfy CPLR 3218 (see, e.g., Franco v Zeltser, 111 A.D.2d 367; Baehre v Rochester Dental Prosthetics, 112 Misc.2d 270). Therefore, the court did not err when it granted the motion to vacate the judgment by confession and the execution issued thereon.
With respect to the question of whether the Sheriff of Nassau County is entitled to poundage, the plaintiff's contentions on appeal are entirely dependent upon facts dehors the record and the subject was not addressed by Special Term. Accordingly, we decline to consider this issue. Thompson, J.P., Brown, Niehoff and Spatt, JJ., concur.