MATTER OF THOMAS v. PERALES


202 A.D.2d 322 (1994)

609 N.Y.S.2d 786

In the Matter of Gloria Thomas, Respondent, v. Cesar A. Perales, as Social Services Commissioner of The State of New York, et al., Appellants

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

March 22, 1994


While the State respondent may have had a reasonable excuse for defaulting on the motion, its actions evidenced an intent not to have the controversy decided on the merits since it did not seek relief from the default until petitioner sought attorney's fees on reargument. (See, Matter of Glenbriar Co. v New York City Conciliation & Appeals Bd., 93 A.D.2d 510, 513.) The...

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