Legal Opinion

Weintrob v. Weintrob

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

Decided August 30, 2011PublishedCited by 13 opinions

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

  1. Matter of Dox v. TynonNew York Court of Appeals · 1997
  2. Mandelowitz v. BoddenAppellate Division of the Supreme Court of the State of New York · 2009
  3. Proctor-Shields v. ShieldsAppellate Division of the Supreme Court of the State of New York · 2010
  4. Ito v. ItoAppellate Division of the Supreme Court of the State of New York · 2010
  5. 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

  1. HSBC Bank USA, National Ass'n v. MillerAppellate Division of the Supreme Court of the State of New York · 2014
  2. Sussman v. Jo-Sta Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Matter of Xiao-Lan Ma v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2015
  4. Diaz Ex Rel. Belen v. Wyckoff Heights Medical CenterAppellate Division of the Supreme Court of the State of New York · 2017
  5. 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.

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