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Legal Opinion

Nunez v. Lopez

Appellate Division of the Supreme Court of the State of New York

Decided February 20, 2013Published

1Opinion of the Court

*804Ordered that on the Court’s own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see Family Ct Act § 1112 [a]); and it is further,

Ordered that the order dated November 3, 2011, is affirmed, without costs or disbursements.

A party seeking to vacate an order of protection entered upon his or her default in appearing for a hearing on a family offense petition must demonstrate a reasonable excuse for the default and a potentially meritorious defense to the petition (see CPLR 5015 [a] [1]; Matter of Mongitore v Linz, 95 AD3d 1130…

2Cases cited6 opinions

  1. Coates v. LeeAppellate Division of the Supreme Court of the State of New York · 2006
  2. Lee v. MorganAppellate Division of the Supreme Court of the State of New York · 2009
  3. Atkin v. AtkinAppellate Division of the Supreme Court of the State of New York · 2008
  4. Mongitore v. LinzAppellate Division of the Supreme Court of the State of New York · 2012
  5. Territo v. KeaneAppellate Division of the Supreme Court of the State of New York · 2008

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