Weintrob v. Weintrob
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*750That branch of the father’s motion which was to vacate a child support order dated August 14, 2006, on the basis of excusable default should have been made within one year of service upon him of a copy of the order, with notice of its entry (see CPLR 5015 [a]; Matter of Wrighton v Wrighton, 23 AD3d 669 [2005]; Matter of Bykya Minnie E., 212 AD2d 365, 366 [1995]). A party to a Family Court proceeding seeking to vacate an order entered upon default must establish that there was a reasonable excuse for the default and a potentially meritorious defense (see Matter of Proctor-Shields v Shields, 74…
2Cases cited13 opinions
- Matter of Dox v. TynonNew York Court of Appeals · 1997
- Mandelowitz v. BoddenAppellate Division of the Supreme Court of the State of New York · 2009
- Proctor-Shields v. ShieldsAppellate Division of the Supreme Court of the State of New York · 2010
- Ito v. ItoAppellate Division of the Supreme Court of the State of New York · 2010
- Diaz v. DiazAppellate Division of the Supreme Court of the State of New York · 2010
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- HSBC Bank USA, National Ass'n v. MillerAppellate Division of the Supreme Court of the State of New York · 2014
- Sussman v. Jo-Sta Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Matter of Xiao-Lan Ma v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2015
- Diaz Ex Rel. Belen v. Wyckoff Heights Medical CenterAppellate Division of the Supreme Court of the State of New York · 2017
- Peterson v. EaganAppellate Division of the Supreme Court of the State of New York · 2013
8 more not listed; retrieve them via the Exa API.