MATTER OF NATALIA M. v. ODANE S.

9415.

172 A.D.3d 597 (2019)

98 N.Y.S.3d 836

2019 NY Slip Op 04086

In the Matter of Natalia M., Respondent, v. Odane S., Appellant.

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

Decided May 28, 2019.


The court providently exercised its discretion in denying the father's motion to vacate his default for failing to appear at the March 1, 2017 hearing. His claim that he was confused as to when the custody hearing was to begin was insufficient to establish a reasonable excuse, because it is belied by the transcripts of prior hearings, which show that he was present when the date and time for the March 1st hearing were selected (see Matter of Yadori Marie F. [Osvaldo F...

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