Legal Opinion
Armstrong v. Doby
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 2010PublishedCited by 4 opinions
1Opinion of the Court
*934“While disposition of matters on their merits, especially with regard to filiation and support, is preferred, the court retains the discretion to deny a motion to vacate a default where it is not supported by a reasonable excuse for the default and a meritorious defense” (Matter of Helen T. v Roosevelt B., 256 AD2d 583, 584 [1998]; see CPLR 5015 [a] [1]). Here, the Family Court providently exercised its discretion in denying thé father’s objections to the order denying that branch of his motion which was to vacate the order of support entered upon his default, since the father failed to…
2Cases cited5 opinions
- Lutz v. GoldstoneAppellate Division of the Supreme Court of the State of New York · 2006
- In re Nathalie A. St. Vincent's Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- In re Jazel Dominique D.Appellate Division of the Supreme Court of the State of New York · 1994
- Joosten v. JoostenAppellate Division of the Supreme Court of the State of New York · 2006
- Helen T. v. Roosevelt B.Appellate Division of the Supreme Court of the State of New York · 1998
3Cited by4 opinions
- Proctor-Shields v. ShieldsAppellate Division of the Supreme Court of the State of New York · 2010
- Weintrob v. WeintrobAppellate Division of the Supreme Court of the State of New York · 2011
- Lockitt v. BookerAppellate Division of the Supreme Court of the State of New York · 2011
- Weintrob v. WeintrobAppellate Division of the Supreme Court of the State of New York · 2011