JOSE L. v. YAMELY H.

6607

91 A.D.3d 544 (2012)

937 N.Y.S.2d 50

2012 NY Slip Op 413

JOSE L., Respondent, v. YAMELY H., Appellant.

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

Decided January 24, 2012.


In support of her motion to vacate her default on petitioner's application for custody of the parties' son, respondent offered the excuse that she was not served with the custody petition— she stated that she was working on the morning that it purportedly was served—and that petitioner had misrepresented to her that she need not appear on her family offense petition against him because they would resolve it out of court, when unbeknownst to her that petition...

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