Opinion
2000-08735
Submitted April 2, 2002.
June 25, 2002.
In a matrimonial action, the defendant appeals from an order of the Supreme Court, Westchester County (Shapiro, J.), entered August 4, 2000, which denied her motion to vacate a judgment of the same court, entered March 9, 2000, upon her default in appearing at a hearing, awarding her former attorney an attorney's fee.
William S. Beslow, New York, N.Y., for appellant.
Dominic A. Barbara, Garden City, N.Y. (Marilyn B. Chinitz of counsel), nonparty-respondent pro se.
DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
ORDERED that the order is reversed, with costs, the motion is granted, the judgment entered March 9, 2000, is vacated, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings in accordance herewith.
To vacate her default in appearing at a hearing to determine the amount of an attorney's fee owed to her former counsel, the appellant was required to demonstrate a reasonable excuse for the default and a meritorious defense (see Joel R. Brandes, P.C. v. Ferraro, 257 A.D.2d 610). She did so, and the Supreme Court improvidently exercised its discretion in denying her motion.
RITTER, J.P., ALTMAN, ADAMS and CRANE, JJ., concur.