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MATTER OF MARIE S.C. v. BENJAMIN B.

5487.

157 A.D.3d 560 (2018)

66 N.Y.S.3d 877

2018 NY Slip Op 00341

In the Matter of MARIE S.C., Respondent, v. JAMAL BENJAMIN B., Appellant.

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

Decided January 18, 2018.

The Family Court providently exercised its discretion in denying the father's motion to vacate his default, as the motion was untimely (CPLR 5015 [a] [1]; Matter of Commissioner of Social Servs. of the City of N.Y. v Juan H.M., 128 A.D.3d 501 [1st Dept 2015]). The father brought his motion more than six years after it had been entered against him, despite his actual knowledge that the order was outstanding. The clerk's mailing of...

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