Williams v. Williams
| Decision Date | 15 March 2017 |
| Citation | 49 N.Y.S.3d 535,148 A.D.3d 917 |
| Parties | In the Matter of Simone WILLIAMS, respondent, v. Deborah WILLIAMS, appellant. |
| Court | New York Supreme Court — Appellate Division |
148 A.D.3d 917
49 N.Y.S.3d 535
In the Matter of Simone WILLIAMS, respondent,
v.
Deborah WILLIAMS, appellant.
Supreme Court, Appellate Division, Second Department, New York.
March 15, 2017.
Emanuel Saidlower, Jamaica, NY, for appellant.
Janis A. Parazzelli, Floral Park, NY, for respondent.
JOHN M. LEVENTHAL, J.P., JEFFREY A. COHEN, SYLVIA O. HINDS–RADIX, and FRANCESCA E. CONNOLLY, JJ.
Appeal by Deborah Williams from an order of the Family Court, Queens County (Dennis Lebwohl, J.), dated November 17, 2015. The order denied the motion of Deborah Williams to vacate an order of protection that was entered against her and in favor of her sister upon her failure to appear at a hearing.
ORDERED that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, the
appellant's motion to vacate the subject order of protection is granted, and the matter is remitted to the Family Court, Queens County, for further proceedings on the family offense petition.
In this family offense proceeding, the Family Court issued an order of protection against the appellant and in favor of her sister upon the appellant's failure to appear at a hearing. The appellant moved to vacate the order of protection entered upon her default, and the Family Court denied her motion.
"A party seeking to vacate an order of protection entered upon his or her default in appearing for a hearing on a family offense petition must demonstrate a reasonable excuse for the default and a potentially meritorious defense to the petition" (Matter of Nunez v. Lopez, 103 A.D.3d 803, 804, 959 N.Y.S.2d 454 ; see CPLR 5015[a][1] ; Matter of Idieru v. Jeanpierre, 122 A.D.3d 852, 852, 996 N.Y.S.2d 700 ; Matter of Mongitore v. Linz, 95 A.D.3d 1130, 1130, 943 N.Y.S.2d 899 ). "The determination of whether to relieve a party of an order entered...
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