MATTER OF FISCHER v. KEEP


231 A.D.2d 864 (1996)

648 N.Y.S.2d 386

In the Matter of Elizabeth Fischer, Respondent, v. David Keep, Appellant

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

September 27, 1996


Order unanimously affirmed without costs.

Memorandum:

Family Court did not abuse its discretion in concluding that respondent was not entitled to vacate a default judgment entered against him in a proceeding commenced by his former wife seeking payment of child support. Respondent had sought a stay of the proceeding pursuant to Military Law § 304 but had failed to provide sufficient evidence of his continued unavailability (see, Turchiano v...

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