Legal Opinion

Gustave-Francois v. Francois

Appellate Division of the Supreme Court of the State of New York

Decided October 18, 2011PublishedCited by 8 opinions

1Opinion of the Court

While this Court prefers to resolve matters concerning child support on the merits, it is still necessary for a party seeking to vacate an order entered upon default to show that there was a reasonable excuse for the default and a potentially meritorious defense (see Matter of Proctor-Shields v Shields, 74 AD3d 1347 [2010]; Matter of Coates v Lee, 32 AD3d 539 [2006]). Here, the father offered no excuse for his failure to appear at a hearing. Thus, the Family Court providently exercised its discretion in denying the father’s objections to the order dated November 4, 2010, denying his motion to…

2Cases cited2 opinions

  1. Coates v. LeeAppellate Division of the Supreme Court of the State of New York · 2006
  2. Proctor-Shields v. ShieldsAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by8 opinions

  1. Martin v. CooperAppellate Division of the Supreme Court of the State of New York · 2012
  2. Mongitore v. LinzAppellate Division of the Supreme Court of the State of New York · 2012
  3. Matter of Stephen Daniel A. (Sandra M.-A.)Appellate Division of the Supreme Court of the State of New York · 2014
  4. Matter of Kimberly S. K. (Kimberly K.)Appellate Division of the Supreme Court of the State of New York · 2016
  5. Barone v. BaroneNew York Supreme Court · 2016

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