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MATTER OF JOHNSON v. TOWN BD. OF THE TOWN OF POUGHKEEPSIE

85 A.D.2d 694 (1981)

In the Matter of Eric Johnson, Respondent, v. Town Board of the Town of Poughkeepsie, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 28, 1981

Order affirmed, with $50 costs and disbursements.

To vacate the default judgment it was incumbent upon the town board to show that there was a reasonable excuse for its failure to appear and answer the petition, and that there exists a meritorious defense to the proceeding (see Bruno v Village of Port Chester, 77 A.D.2d 580). In support of its motion to vacate, appellant presented an affidavit from the town clerk who received...

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