Legal Opinion

Orange County Department of Social Services v. Germel Y.

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

Decided December 19, 2012Published

1Opinion of the Court

The Family Court’s denial of the appellant’s objections to the Support Magistrate’s order was proper. The Support Magistrate appropriately treated the appellant’s motions, which did not specify their precise statutory basis, as having been made pursuant to CPLR 5015 (a) (1), inasmuch as they asserted that the appellant “had no prior notice and had a reasonable excuse for his failure to appear and a meritorious defense” to the petition, and sought “an order restoring the matter to the Calendar” (see CPLR 5015 [a] [1]; Electric Ins. Co. v Grajower, 256 AD2d 833, 833-834 [1998]).

The Support…

2Cases cited11 opinions

  1. Bankers Trust Co. of California, N.A. v. TsoukasAppellate Division of the Supreme Court of the State of New York · 2003
  2. Wells Fargo Bank v. ChaplinAppellate Division of the Supreme Court of the State of New York · 2009
  3. Scarano v. ScaranoAppellate Division of the Supreme Court of the State of New York · 2009
  4. Countrywide Home Loans Servicing, LP v. AlbertAppellate Division of the Supreme Court of the State of New York · 2010
  5. Rodriguez v. WingAppellate Division of the Supreme Court of the State of New York · 1998

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