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Matter of Little Flower Children's v. Vernon

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1995
213 A.D.2d 548 (N.Y. App. Div. 1995)

Opinion

March 20, 1995

Appeal from the Family Court, Kings County (Hepner, J.).


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

It is well settled that whether to relieve a party of an order entered on default is a matter left to the sound discretion of the court (see, M.D. Son Contr. v. American Props., 179 A.D.2d 519; Silveri v. Laufer, 179 A.D.2d 633). The party seeking to vacate a default must establish that there is a reasonable excuse for the default and that there exists a meritorious defense (see, Schiavetta v. McKeon, 190 A.D.2d 724; Dowling Textile Mfg. Co. v. Land, 179 A.D.2d 621; Matter of Jones, 128 A.D.2d 403). The appellant has failed to sustain his burden in this respect. Bracken, J.P., Rosenblatt, Lawrence, Krausman and Goldstein, JJ., concur.


Summaries of

Matter of Little Flower Children's v. Vernon

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1995
213 A.D.2d 548 (N.Y. App. Div. 1995)
Case details for

Matter of Little Flower Children's v. Vernon

Case Details

Full title:In the Matter of LITTLE FLOWER CHILDREN'S SERVICES, on Behalf of SEAN…

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

Date published: Mar 20, 1995

Citations

213 A.D.2d 548 (N.Y. App. Div. 1995)
624 N.Y.S.2d 908

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