Legal Opinion
In re Evan Matthew A.
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 2012PublishedCited by 13 opinions
1Opinion of the Court
*539To vacate a Family Court’s order issued on default, upon failure to appear at either a fact-finding or dispositional hearing, the movant must establish both a reasonable excuse for the default and a meritorious defense to the allegations asserted (see CPLR 5015 [a] [1]; Matter of Amirah Nicole A. [Tamika R.], 73 AD3d 428 [2010], lv dismissed 15 NY3d 766 [2010]). Respondent’s purported excuse of illness was properly rejected since she failed to provide any documentation to substantiate her claim, and did not explain why she was unable to contact either the court or her attorney regarding her…
2Cases cited4 opinions
- In re Nicole A.Appellate Division of the Supreme Court of the State of New York · 2010
- In re Gloria Marie S.Appellate Division of the Supreme Court of the State of New York · 2008
- In re Aisha C.Appellate Division of the Supreme Court of the State of New York · 2009
- In re Christopher James A.Appellate Division of the Supreme Court of the State of New York · 2011
3Cited by13 opinions
- Matter of Angelica S. (Cynthia C.)Appellate Division of the Supreme Court of the State of New York · 2016
- In re Julian Michael G.Appellate Division of the Supreme Court of the State of New York · 2012
- Matter of Raymond C. M.Appellate Division of the Supreme Court of the State of New York · 2015
- Matter of Eric R. v. Henry R.Appellate Division of the Supreme Court of the State of New York · 2020
- Matter of Selah J. S.Appellate Division of the Supreme Court of the State of New York · 2024
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