O'Donnell v. O'Donnell

In an action for a divorce and ancillary relief, the defendant wife appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Suffolk County (Kitson, J.), entered June 28, 1989, as, upon her default in appearing for trial, awarded the plaintiff husband custody of the parties’ children with visitation to the defendant, and distributed the parties’ property. The appeal brings up for review an order of the same court, dated June 22, 1989, which denied the defendant wife’s motion to vacate her default in appearing for trial (see, James v Powell, 19 NY2d 249; Katz v Katz,…