Opinion
October 30, 1995
Appeal from the Supreme Court, Nassau County (O'Brien, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The economic issues implicated in the present matter were initially resolved after a trial and have been examined on appeal (see, Mattwell v. Mattwell, 194 A.D.2d 715). The husband has failed to demonstrate his right to a second trial based on his alleged discovery of new evidence (see, CPLR 5015 [a] [2]). The husband has failed to show that the evidence upon which his motion was based "could not have been discovered with reasonable diligence, that it [was] likely to produce a different result, [or] that it [was] in the interests of substantial justice to grant the motion" (Cizler v. Cizler, 19 A.D.2d 819, 819-820). Bracken, J.P., Rosenblatt, Santucci and Joy, JJ., concur.