Legal Opinion

In re Samuel V.S.

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

Decided November 17, 2011PublishedCited by 2 opinions

1Opinion of the Court

*567A party seeking to vacate an order must establish that there was a reasonable excuse for the default and a meritorious defense to the petition (see CPLR 5015 [a] [1]; Matter of Atkin v Atkin, 55 AD3d 905 [2008]). Without reaching the question of whether or not the mother had a reasonable excuse for default, we find that the court properly denied the mother’s motion because she failed to set forth a meritorious defense. The record demonstrates that the mother suffers from either borderline personality disorder or a not otherwise specified personality disorder, that she committed multiple acts…

2Cases cited3 opinions

  1. Atkin v. AtkinAppellate Division of the Supreme Court of the State of New York · 2008
  2. In re Daquan D.Appellate Division of the Supreme Court of the State of New York · 2005
  3. In re Davion A.Appellate Division of the Supreme Court of the State of New York · 2009

3Cited by2 opinions

  1. Matter of Delybe C. (Sonia S.)Appellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Miguel L. v. Ashley J.L.Appellate Division of the Supreme Court of the State of New York · 2019

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