Opinion
June 20, 1994
Appeal from the Supreme Court, Queens County (Lonschein, J.).
Ordered that the order is affirmed, without costs or disbursements.
"Although this court has adopted a liberal policy with respect to vacating default judgments in matrimonial actions (see, D'Alleva v. D'Alleva, 127 A.D.2d 732; Antonovich v. Antonovich, 84 A.D.2d 799; Hegarty v. Hegarty, 48 A.D.2d 891), the opening of a default is discretionary" (Black v. Black, 141 A.D.2d 689).
Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in denying the husband's motion to vacate the default judgment (see, Candeloro v Candeloro, 133 A.D.2d 731). The husband failed to establish a meritorious defense to the claim of constructive abandonment upon which the divorce was granted, and to present a reasonable excuse for his failure to answer the summons within 20 days of being served (see, Black v. Black, 141 A.D.2d 689, supra). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.