Oneida Cnty. Dep't of Soc. Servs. v. Russell R.

• Decision Date: 27 September 2019
• Docket Number: CAF 18–01132,778
• Citation: 109 N.Y.S.3d 786,175 A.D.3d 1793
• Parties: In the Matter of ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES, Petitioner–Respondent, v. RUSSELL R., Respondent–Appellant.
• Court: New York Supreme Court — Appellate Division

175 A.D.3d 1793
109 N.Y.S.3d 786

In the Matter of ONEIDA COUNTY DEPARTMENT OF SOCIAL SERVICES, Petitioner–Respondent,
v.
RUSSELL R., Respondent–Appellant.

778
CAF 18–01132

Supreme Court, Appellate Division, Fourth Department, New York.

Entered: September 27, 2019

PETER J. DIGIORGIO, JR., UTICA, FOR RESPONDENT–APPELLANT.

PETER M. RAYHILL, COUNTY ATTORNEY, UTICA (DENISE J. MORGAN OF COUNSEL), FOR PETITIONER–RESPONDENT.

PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, LINDLEY, AND DEJOSEPH, JJ.

MEMORANDUM AND ORDER

175 A.D.3d 1793

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent father appeals from an order that denied his application seeking to vacate an order of filiation entered upon his default. We affirm.

The determination whether to vacate an order entered upon a default is left to the sound discretion of the court (see

175 A.D.3d 1794

Matter of Troy D.B. v. Jefferson County Dept. of Social Servs. , 42 A.D.3d 964, 965, 839 N.Y.S.2d 877 [4th Dept. 2007] ), and we conclude that Family Court did not abuse its discretion here. " ‘Pursuant

109 N.Y.S.3d 788

to CPLR 5015(a)(1), a court may vacate a judgment or order entered upon default if it determines that there is a reasonable excuse for the default and a meritorious defense’ " ( Matter of Shehatou v. Louka , 145 A.D.3d 1533, 1534, 44 N.Y.S.3d 299 [4th Dept. 2016] ). "Although default orders are disfavored in cases involving the custody or support of children, and thus the rules with respect to vacating default judgments are not to be applied as rigorously in those cases ..., that policy does not relieve the defaulting party of the burden of establishing a reasonable excuse for the default or a meritorious defense" ( id. [internal quotation marks omitted] ).

With respect to whether there was a reasonable excuse for the default, the...