Dos Santos v. Dos Santos

In a family offense proceeding pursuant to Family Court Act article 8, the wife appeals from an order of the Family Court, Queens County (O’Connor, J.), dated May 7, 2009, which denied her motion pursuant to CPLR 5015 (a) (1) to vacate an order of protection of the same court dated May 6, 2009, entered upon her default in appearing for a hearing.

Ordered that the order dated May 7, 2009, is reversed, on the facts and as an exercise of discretion, without costs or disbursements, the wife’s motion pursuant to CPLR 5015 (a) (1) to vacate the order of protection dated May 6, 2009, is granted, the…