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Raso v. Raso

Appellate Division of the Supreme Court of New York, Second Department
Nov 19, 2001
288 A.D.2d 364 (N.Y. App. Div. 2001)

Opinion

Submitted October 29, 2001.

November 19, 2001.

In a matrimonial action in which the parties were divorced by judgment entered March 28, 2000, the defendant former husband appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated June 22, 2000, which denied his motion to vacate the judgment of divorce which was entered upon his default in appearing at trial.

Placido Raso, Baldwin, N.Y., appellant pro se.

Gladys Raso, Huntington, N.Y., respondent pro se.

Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.


ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the defendant's motion to vacate the divorce judgment which was entered upon his default is appearing at trial. "Although the courts have adopted a liberal policy with respect to vacating defaults in matrimonial actions, the defaulting party is still required to show a reasonable excuse for the default and a meritorious defense" (Baumer v. Baumer, 268 A.D.2d 495, 496). Here, the defendant did not meet that burden (see, Molesky v. Molesky, 255 A.D.2d 821; Matter of Male J., 214 A.D.2d 417).

O'BRIEN, J.P., ALTMAN, GOLDSTEIN and H. MILLER, JJ., concur.


Summaries of

Raso v. Raso

Appellate Division of the Supreme Court of New York, Second Department
Nov 19, 2001
288 A.D.2d 364 (N.Y. App. Div. 2001)
Case details for

Raso v. Raso

Case Details

Full title:GLADYS RASO, respondent, v. PLACIDO RASO, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 19, 2001

Citations

288 A.D.2d 364 (N.Y. App. Div. 2001)
733 N.Y.S.2d 636

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