From Casetext: Smarter Legal Research

Matter of A.B.C. Drug Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1993
199 A.D.2d 382 (N.Y. App. Div. 1993)

Opinion

December 20, 1993

Appeal from the Supreme Court, Westchester County (Donovan, J.).


Ordered that the appeal from the order which, inter alia, discharged the receiver is dismissed as abandoned; and it is further,

Ordered that the order which denied the appellant's motion, inter alia, to vacate his default in appearing at the hearing is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

We find that the Supreme Court properly exercised its discretion in denying the branch of the appellant's motion which was to vacate his default in appearing at the dissolution hearing. The appellant failed to adequately demonstrate a reasonable excuse for his failure to appear at the hearing or to contest the petition for dissolution (see, CPLR 5015 [a] [1]).

In light of the foregoing conclusion, we need not address the appellant's remaining contentions. Sullivan, J.P., O'Brien, Ritter and Joy, JJ., concur.


Summaries of

Matter of A.B.C. Drug Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1993
199 A.D.2d 382 (N.Y. App. Div. 1993)
Case details for

Matter of A.B.C. Drug Co., Inc.

Case Details

Full title:In the Matter of A.B.C. DRUG CO., INC. ROBERT MILLER, Respondent; MARVIN…

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

Date published: Dec 20, 1993

Citations

199 A.D.2d 382 (N.Y. App. Div. 1993)
608 N.Y.S.2d 91