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In the Matter of Oliphant v. Oliphant

Appellate Division of the Supreme Court of New York, Second Department
Aug 1, 2005
21 A.D.3d 376 (N.Y. App. Div. 2005)

Opinion

August 1, 2005.

In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County (Horowitz, J.), dated December 9, 2003, which denied his objections to an order of the same court (Kava, H.E.), entered June 10, 2003, denying his motion to vacate an order of the same court (Kava, H.E.), dated February 5, 2003, awarding child support after an inquest.

Before: Adams, J.P., Krausman, Spolzino and Fisher, JJ., concur.


Ordered that the order is affirmed, with costs.

A party attempting to vacate a default judgment must establish both a reasonable excuse for the default and a meritorious defense ( see Zherka v. Zherka, 17 AD3d 668; Rolston v. Rolston, 261 AD2d 377). The father failed to satisfy that standard in this case.


Summaries of

In the Matter of Oliphant v. Oliphant

Appellate Division of the Supreme Court of New York, Second Department
Aug 1, 2005
21 A.D.3d 376 (N.Y. App. Div. 2005)
Case details for

In the Matter of Oliphant v. Oliphant

Case Details

Full title:In the Matter of KATHERINE OLIPHANT, Respondent, v. BRYAN OLIPHANT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 1, 2005

Citations

21 A.D.3d 376 (N.Y. App. Div. 2005)
798 N.Y.S.2d 914

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