In the Matter of Atkin
| Decision Date | 28 October 2008 |
| Docket Number | 2007-09907 |
| Citation | 865 N.Y.S.2d 577,2008 NY Slip Op 08319,55 A.D.3d 905 |
| Parties | In the Matter of SUSANNA ATKIN, Appellant, v. MICHAEL ATKIN, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, without costs or disbursements.
The determination of whether to relieve a party of an order entered upon his or her default is within the sound discretion of the Family Court (see Matter of Coates v Lee, 32 AD3d 539 [2006]; Matter of Vanessa F., 9 AD3d 464, 464-465 [2004]). A party seeking to vacate such an order must establish that there was a reasonable excuse for the default and a meritorious defense to the petition (see CPLR 5015 [a] [1]; Matter of Coates v Lee, 32 AD3d 539 [2006]). We agree with the Family Court that the mother's conclusory, unsupported allegations failed to demonstrate a meritorious defense to the father's petition (see Matter of Coates v Lee, 32 AD3d 539 [2006]; Matter of Shirley C., 145 AD2d 631, 632 [1988]).
The mother's remaining contentions are without merit.
To continue reading
Request your trial
-
Katz v. Beil
...; Diamond Truck Leasing Corp. v. Cross Country Ins. Brokerage, Inc., 62 A.D.3d 745, 746, 877 N.Y.S.2d 901 ; Matter of Atkin v. Atkin, 55 A.D.3d 905, 905, 865 N.Y.S.2d 577 ).In sum, contrary to the Supreme Court's conclusion, the individual defendants failed to establish, prima facie, their ......
- Wells Fargo Bank, N.A. v. Cervini
- Bank of N.Y. Mellon v. Izmirligil
-
Serwatka v. Serwatka
...the court" (Matter of Lee v. Morgan, 67 A.D.3d 681, 682, 889 N.Y.S.2d 205 [internal quotation marks omitted]; see Matter of Atkin v. Atkin, 55 A.D.3d 905, 865 N.Y.S.2d 577 ; Matter of Coates v. Lee, 32 A.D.3d 539, 819 N.Y.S.2d 837 ).Here, the father failed to demonstrate a reasonable excuse......