Legal Opinion
Hurston v. Southlea
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2012PublishedCited by 3 opinions
1Opinion of the Court
*953The Family Court providently exercised its discretion in denying the father’s motion to vacate the order of disposition entered December 26, 2002, upon his default in appearing at a hearing. A party seeking to vacate a default must establish a reasonable excuse for the default and a potentially meritorious defense (see CPLR 5015 [a] [1]; Matter of Morales v Marma, 88 AD3d 722, 722 [2011]; Matter of Petulla v Petulla, 85 AD3d 925, 926 [2011]). “ ‘The determination whether to relieve a party of an order entered upon his or her default is a matter left to the sound discretion of the Family…
2Cases cited8 opinions
- In re Tenisha Tishonda T.Appellate Division of the Supreme Court of the State of New York · 2003
- Lutz v. GoldstoneAppellate Division of the Supreme Court of the State of New York · 2006
- Morales v. MarmaAppellate Division of the Supreme Court of the State of New York · 2011
- Petulla v. PetullaAppellate Division of the Supreme Court of the State of New York · 2011
- In re Cassidy Sue R. Administration for Children's ServicesAppellate Division of the Supreme Court of the State of New York · 2009
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Matter of Crai v. CraiAppellate Division of the Supreme Court of the State of New York · 2015
- Turko v. Daffy's, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Turko v. Daffy's, Inc.Appellate Division of the Supreme Court of the State of New York · 2013