Legal Opinion

Matter of Christina McK. v. Kyle S.

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

Decided October 19, 2017No. 4739PublishedCited by 2 opinions

1Opinion of the Court

Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about June 10, 2016, which denied respondent’s motion to vacate an order of filiation entered upon his default, unanimously affirmed, without costs.

The court properly exercised its discretion in denying the motion to vacate the default (see Matter of Tyieyanna L. [Twanya McK.], 94 AD3d 494, 494-495 [1st Dept 2012]; Matter of Jones, 128 AD2d 403, 404 [1st Dept 1987]). Respondent’s claim that he did not appear at the December 11, 2015 hearing because he was under a mistaken belief as to the next hearing date was…

2Cases cited5 opinions

  1. In re JonesAppellate Division of the Supreme Court of the State of New York · 1987
  2. Johnson v. New York City Police DepartmentAppellate Division of the Supreme Court of the State of New York · 1999
  3. In re Nicole A.Appellate Division of the Supreme Court of the State of New York · 2010
  4. In re Tyieyanna L.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Bicknell v. BicknellAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by2 opinions

  1. Higgs v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2019
  2. Matter of Heidi A. v. Roger C.Appellate Division of the Supreme Court of the State of New York · 2024

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