Scheu v Fan Ru Tseng

2010 NY Slip Op 03303 [72 AD3d 930]

April 20, 2010

Appellate Division, Second Department

As corrected through Wednesday, June 9, 2010

Shawn Ting Scheu, Appellant, v Fan Ru Tseng,Respondent.

—[*1]Kenneth W. Jiang, New York, N.Y., for appellant. Hsu Law Associates, PLLC, NewYork, N.Y. (Irena Milos of counsel), for respondent.

In a matrimonial action in which the parties were divorced by judgment dated October 8,2008, the plaintiff appeals, as limited by his brief, from an order of the Supreme Court, QueensCounty (Elliot, J.), dated April 30, 2009, which denied his motion to vacate the judgment ofdivorce pursuant to CPLR 5015 (a) (2) and (3).

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff failed to meet his burden of establishing the existence of fraud,misrepresentation, or other misconduct on the part of either the defendant or an agent of thedefendant, and thus, was not entitled to vacatur of the parties' divorce judgment (see Mohrmann v Lynch-Mohrmann,24 AD3d 735 [2005]; Badgett vBadgett, 2 AD3d 379 [2003]).

The plaintiff's remaining contentions are without merit. Fisher, J.P., Leventhal, Belen andSgroi, JJ., concur.