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IN THE MATTER OF WRIGHTON v. WRIGHTON

23 A.D.3d 669 (2005)

805 N.Y.S.2d 101

In the Matter of DELORES WRIGHTON, Respondent, v. PAUL WRIGHTON, Appellant.

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

November 28, 2005.

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

The father's motion to vacate an order on the basis of excusable default should have been made within one year of service of a copy of the order, with notice of its entry (see CPLR 5015 [a]; Matter of Bykya Minnie E., 212 A.D.2d 365, 366 [1995]). The father made his motion to vacate more than one year after that date and, therefore, his motion to vacate...

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