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MATTER OF LUCERO S. v. GABRIEL M.

2010-00162.

82 A.D.3d 898 (2011)

918 N.Y.S.2d 880

In the Matter of LUCERO S., Appellant, v. GABRIEL M., Respondent.

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

Decided March 8, 2011.

Ordered that the order dated November 20, 2009, is affirmed, without costs or disbursements.

The Family Court properly denied the mother's motion pursuant to CPLR 5015 (a) (1) and (3) to vacate an order which had been entered upon the mother's default in opposing a motion made by the father. The branch of the mother's motion which was to vacate her default pursuant to CPLR 5015 (a) (1) on the ground of excusable neglect was untimely because it was made more than one...

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