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MATTER OF LITTLE FLOWER CHILDREN'S SERVS. v. J.

213 A.D.2d 548 (1995)

624 N.Y.S.2d 908

In the Matter of Little Flower Children's Services, on Behalf of Sean Courtney G., Respondent, v. Vernon J., Appellant

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

March 20, 1995

Ordered that the order is affirmed, without costs or disbursements.

It is well settled that whether to relieve a party of an order entered on default is a matter left to the sound discretion of the court (see, M.D. & Son Contr. v American Props., 179 A.D.2d 519; Silveri v Laufer, 179 A.D.2d 633). The party seeking to vacate a default must establish that there is a reasonable excuse for the default and that there exists a meritorious defense (see, Schiavetta v McKeon, 190 A.D.2d 724; Dowling Textile Mfg. Co. v Land, 179 A.D.2d 621; Matter of Jones, 128 A.D.2d 403). The appellant has failed to sustain his burden in this respect.

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