Legal Opinion

In re Christian E.

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

Decided October 8, 2009Published

1Opinion of the Court

Order, Family Court, New York County (Sara P Schechter, J.), entered on or about May 10, 2007, which denied respondent’s CPLR 5015 motion to vacate a default finding made on November 13, 2006 that she had educationally neglected her child, unanimously affirmed, without costs.

Family Court providently exercised its discretion in denying respondent’s motion to vacate her default (see Matter of Jones, 128 AD2d 403, 404 [1987]). Respondent failed to demonstrate both a reasonable excuse for her failure to appear and a meritorious defense (see e.g. Matter of Crystal Antoinette C., 14 AD3d 436…

2Cases cited3 opinions

  1. In re JonesAppellate Division of the Supreme Court of the State of New York · 1987
  2. In re Gloria Marie S.Appellate Division of the Supreme Court of the State of New York · 2008
  3. In re Crystal Antoinette C.Appellate Division of the Supreme Court of the State of New York · 2005

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