Mongitore v. Linz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a family offense proceeding pursuant to Family Court Act article 8, the father appeals from an order of the Family Court, Nassau County (Eisman, J.), dated January 14, 2011, which denied his motion pursuant to CPLR 5015 (a) (1) to vacate an order of protection of the same court dated August 17, 2010, entered upon his default in appearing at a hearing.
Ordered that the order dated January 14, 2011, is affirmed, without costs or disbursements.
A party seeking to vacate an order entered on default must establish that there was a reasonable excuse for the default and a potentially meritorious…
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