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Matter of McCaffrey v. McCaffrey

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 1994
210 A.D.2d 409 (N.Y. App. Div. 1994)

Opinion

December 19, 1994

Appeal from the Family Court, Putnam County (Braatz, J.).


Ordered that the appeal from the order dated February 2, 1993, is dismissed, without costs or disbursements, as that order was superseded by the order dated June 15, 1993, made upon reargument; and it is further,

Ordered that the order dated June 15, 1993, is affirmed insofar as reviewed, without costs or disbursements.

While the appellant's illness may have arguably constituted a reasonable excuse for his failure to appear at a hearing on the respondent's petition, which had already been rescheduled at his request, he failed to present a meritorious defense. Accordingly, the court properly denied his motion to vacate the default judgment against him (see, Alert Med. Personnel v Rera, 203 A.D.2d 401). Sullivan, J.P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.


Summaries of

Matter of McCaffrey v. McCaffrey

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 1994
210 A.D.2d 409 (N.Y. App. Div. 1994)
Case details for

Matter of McCaffrey v. McCaffrey

Case Details

Full title:In the Matter of JOSEPH H. McCAFFREY, Appellant, v. DOROTHY G. McCAFFREY…

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

Date published: Dec 19, 1994

Citations

210 A.D.2d 409 (N.Y. App. Div. 1994)
620 N.Y.S.2d 102

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