Opinion
April 25, 1994
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the appeal from the order dated January 24, 1992, is dismissed, as that order was superseded by the resettled order; and it is further,
Ordered that the resettled order is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
Although it is true that as a general rule in matrimonial cases, the courts have adopted a liberal policy of vacating defaults (see, Larrieux v Larrieux, 178 A.D.2d 582; Matter of Tauber v Tauber, 152 A.D.2d 674; Kremer v Kremer, 150 A.D.2d 759), it is still incumbent upon the moving party to show a reasonable excuse for the default (i.e., that it was neither intentional nor willful) and the existence of a meritorious defense (see, Babbo v Babbo, 191 A.D.2d 606; Larrieux v Larrieux, supra; Wayasamin v Wayasamin, 167 A.D.2d 460; Anderson v Anderson, 144 A.D.2d 512). We find that the record herein supports the trial court's determination that the wife had failed to establish either a reasonable excuse for her default or to show the existence of a meritorious defense. Accordingly, it was not an improvident exercise of discretion to deny the wife's motion. Moreover, under the circumstances of this case, we find no justification to reopen the inquest on the economic provisions of the judgment of divorce. Thompson, J.P., Balletta, Pizzuto and Joy, JJ., concur.