Sommers v. Sommers

—In a matrimonial action in which the parties were divorced by judgment dated April 17, 2001, entered upon the defendant’s default in appearing, the defendant appeals from an order of the Supreme Court, Suffolk County (Blydenburgh, J.), dated May 16, 2002, which, inter alia, denied his cross motion to vacate the judgment dated April 17, 2001, and for leave to serve a late answer.

Ordered that the order is affirmed, with costs.

Although this Court has adopted a liberal policy with respect to vacating default judgments in matrimonial actions, the opening of a default is discretionary (see Salley…