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Matter of Edward M

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1998
250 A.D.2d 685 (N.Y. App. Div. 1998)

Opinion

May 11, 1998

Appeal from the Family Court, Queens County (Lauria, J.).


Ordered that the order is affirmed, without costs or disbursements.

It is well settled that the decision to relieve a party of an order entered upon his or her default is a matter left to the sound discretion of the court. A party seeking to vacate, such an order must establish that there was a reasonable excuse for the default and a meritorious defense ( see, Matter of Ann D., 239 A.D.2d 575; Matter of Latisha I., 238 A.D.2d 340; Matter of Naajila J., 235 A.D.2d 540; Matter of Tyrone W., 223 A.D.2d 367). Under the circumstances here, the Family Court did not improvidently exercise its discretion in refusing to vacate the father's default in appearing at the fact-finding hearing, since the father's conclusory, unsupported allegations failed to demonstrate either of these requisite elements.

The father's remaining contentions are without merit.

Thompson, J.P., Krausman, Goldstein and Luciano, JJ., concur.


Summaries of

Matter of Edward M

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1998
250 A.D.2d 685 (N.Y. App. Div. 1998)
Case details for

Matter of Edward M

Case Details

Full title:In the Matter of JAMES EDWARD M., III. JAMES EDWARD M., JR., Appellant…

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

Date published: May 11, 1998

Citations

250 A.D.2d 685 (N.Y. App. Div. 1998)
672 N.Y.S.2d 758

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