MATTER OF MIGUEL L. v. ASHLEY J.L.

10341.

177 A.D.3d 476 (2019)

114 N.Y.S.3d 291

2019 NY Slip Op 08273

In the Matter of Miguel L., Respondent, v. Ashley J.L., Appellant.

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

Decided November 14, 2019.


The Family Court providently exercised its discretion in denying respondent's motion to vacate her default, since she failed to demonstrate both a reasonable excuse for the default and a meritorious defense (see CPLR 5015[a][1]). There were unexplained ambiguities and glaring gaps in the documents submitted as to the exact dates of respondent's purported hospitalization, which failed to establish that she was unable to appear...

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