Opinion
May 28, 1991
Appeal from the Supreme Court, Nassau County (McCabe, J.).
Ordered that the order is affirmed, with costs.
The documentary proof before the Supreme Court established that, when the defendant served the income execution pursuant to CPLR 5241 on the plaintiff's employer on August 18, 1989, the plaintiff was more than three payments in arrears. Since the husband failed to proffer any evidence of mistake of fact as defined in CPLR 5241 (a) (8), the Supreme Court properly denied his motion to vacate the income execution (see, Blackman v Blackman, 131 A.D.2d 801, 805).
We have examined the plaintiff's remaining contentions and find them to be without merit. Mangano, P.J., Bracken, Brown and Balletta, JJ., concur.