Jones v. Stewart

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (O’Shea, J.), dated April 4, 2008, which denied her motion to vacate an order of the same court dated October 1, 2007, which, upon her default in appearing at a hearing, awarded custody of the subject children to the father.

Ordered that the order is affirmed, without costs or disbursements.

The mother’s contention that the court erred in denying her motion to vacate the order awarding custody to the father is without merit. A party seeking to vacate an order…