Elkenani v. Abdel-Raouf

Appeal from an order of the Supreme Court (Kramer, J.), entered December 5, 2000 in Schenectady County, which denied defendant’s motion to vacate a default judgment of divorce.

The parties were married in July 1996. On or about April 1, 1998, defendant vacated the marital residence and moved to North Carolina. Plaintiff commenced this divorce action in September 1998. She was pregnant at the time of commencement of the action and alleged in the complaint that defendant was the father of her unborn child. Plaintiff gave birth to a son on December 19, 1998. Because defendant failed to appear in…