Opinion
November 15, 1991
Appeal from the Supreme Court, Erie County, Mintz, J.
Present — Doerr, J.P., Boomer, Pine, Lawton and Davis, JJ.
Order unanimously affirmed with costs. Memorandum: Generally, in matrimonial matters, the courts have adopted a liberal policy of vacating default judgments (see, Schrader v. Schrader, 152 A.D.2d 987; Otto v. Otto, 150 A.D.2d 57, 60; Black v. Black, 141 A.D.2d 689; Antonovich v. Antonovich, 84 A.D.2d 799). The vacatur of a default judgment, however, is discretionary with the court (see, Black v. Black, supra, at 689; Candeloro v. Candeloro, 133 A.D.2d 731) and it is still incumbent upon the moving defendant to proffer a reasonable excuse for the default and to demonstrate the existence of a meritorious defense (see, Schrader v Schrader, supra, at 988). In our view, defendant failed to meet his dual burden. Accordingly, under the circumstances of this case, the court's denial of defendant's motion to vacate the financial provisions of the default judgment of annulment constituted a proper exercise of discretion.