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MATTER OF MICHAEL A.H. v. ROSEMARY H.

16364.

134 A.D.3d 485 (2015)

23 N.Y.S.3d 5

2015 NY Slip Op 09170

In the Matter of MICHAEL A.H., Respondent, v. ROSEMARY H., Appellant.

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

Decided December 10, 2015.

The Family Court properly found that the mother failed to demonstrate both a reasonable excuse for her default and a meritorious defense to the father's custody petition (see CPLR 5015 [a] [1]; Matter of Ruth R. [Diana P.], 115 A.D.3d 531, 531 [1st Dept 2014]). The court reasonably found that, notwithstanding the mother's dental condition, she could have appeared for the custody hearing that had been scheduled for several...

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