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MATTER OF HURSTON v. SOUTHLEA

2011-04314

91 A.D.3d 952 (2012)

937 N.Y.S.2d 607

2012 NY Slip Op 785

In the Matter of SILVA HURSTON, Respondent, v. KENDALL SOUTHLEA, Appellant.

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

Decided January 31, 2012.

Ordered that the order dated March 18, 2011, is affirmed, without costs or disbursements.

The Family Court providently exercised its discretion in denying the father's motion to vacate the order of disposition entered December 26, 2002, upon his default in appearing at a hearing. A party seeking to vacate a default must establish a reasonable excuse for the default and a potentially meritorious defense (see CPLR 5015...

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