Opinion
January 9, 1996
Appeal from the Family Court, New York County (Leah Marks, J.).
The only appealable matter herein is the order denying the motion to vacate the default; appellant is precluded from challenging either the court's factual findings or the procedure by which they were reached (CPLR 5511; Matter of Geraldine Rose W., 196 A.D.2d 313, lv dismissed 84 N.Y.2d 967). The party seeking to vacate a default must demonstrate the existence of a reasonable excuse for the default and a meritorious defense to the proceeding ( Matter of Donald LL., 210 A.D.2d 768; Matter of "Male" Jones, 128 A.D.2d 403). Under the circumstances herein, Family Court properly exercised its discretion in refusing to vacate the default since the mother's conclusory, unsupported allegations failed to demonstrate either of these requisite elements.
Concur — Murphy, P.J., Wallach, Kupferman, Ross and Williams, JJ.