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MATTER OF KENNETH A.S. v. JENNICE C.

Docket Nos. V-13278-17, V-13278-18C, V-13278-19D. Appeal No. 15090. Case No. 2021-02267.

202 A.D.3d 606 (2022)

164 N.Y.S.3d 86

2022 NY Slip Op 01132

In the Matter of Kenneth A.S., Respondent, v. Jennice C., Appellant.

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

Decided February 22, 2022.

Attorney(s) appearing for the Case

Sandra M. Colatosti , Albany, for appellant.

Kenneth A. S., respondent pro se.

Daniel X. Robinson , New York, attorney for the child.

Concur— Manzanet-Daniels, J.P., Gische, Kern, Mazzarelli, Gesmer, JJ.

Family Court improvidently exercised its discretion in denying the motion to vacate the mother's default. To begin, the motion was timely under the Executive Order then in effect, which extended the time limitations for filing motions (Executive Order [A. Cuomo] No. 202.67 [9 NYCRR 8.202.67]). Further, the mother's moving papers provided both a reasonable excuse for her default and a meritorious defense to the father's modification...

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