Fischer v. Keep

Order unanimously affirmed without costs. Memorandum: Family Court did not abuse its discretion in concluding that respondent was not entitled to vacate a default judgment entered against him in a proceeding commenced by his former wife seeking payment of child support. Respondent had sought a stay of the proceeding pursuant to Military Law § 304 but had failed to provide sufficient evidence of his continued unavailability (see, Turchiano v Jay Dee Transp., 109 AD2d 790, 791; Matter of Theresa G. v Eric L., 133 Misc 2d 414, 418). The submissions of respondent in support of his application to…