From Casetext: Smarter Legal Research

In re Ann D.

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1997
239 A.D.2d 575 (N.Y. App. Div. 1997)

Opinion

May 27, 1997

Appeal from the Family Court, Queens County (Lauria, J.).


Ordered that the order is affirmed, without costs or disbursements.

It is well established that a party seeking to be relieved of a default must establish both a reasonable excuse for the default and the existence of a meritorious defense (see, Matter of Latisha I., 238 A.D.2d 340). Here, although the mother had a reasonable excuse for her default, she clearly failed to make any showing of a meritorious defense. The conclusory assertions contained in her moving papers are insufficient to justify vacating the default (see, Matter of Shirley C., 145 A.D.2d 631, 632).

Miller, J.P., Sullivan, Joy and Florio, JJ., concur.


Summaries of

In re Ann D.

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1997
239 A.D.2d 575 (N.Y. App. Div. 1997)
Case details for

In re Ann D.

Case Details

Full title:In the Matter of ANN D., Also Known as KENDU D. ANA D., Appellant; NEW…

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

Date published: May 27, 1997

Citations

239 A.D.2d 575 (N.Y. App. Div. 1997)
658 N.Y.S.2d 983

Citing Cases

Matter of Polly W

Contrary to the appellant's contention, the Family Court was correct in utilizing CPLR 5015 (a) (1) to…

Matter of Irvin R

In addition, the court did not improvidently exercise its discretion when it denied the father's motion to…