Matter of Silverman v. Reid

Full title: In the Matter of MARC SILVERMAN, Appellant, v. KRISTIN REID, Respondent

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

Date published: Mar 8, 1999

259 A.D.2d 550 (N.Y. App. Div. 1999)

684 N.Y.S.2d 904

Opinion

March 8, 1999

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

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The court, in its discretion, may relieve a party from the effect of its default upon, inter alia, proof of both a meritorious claim or defense and a reasonable excuse for the default (see, CPLR 5015 [a] [1]; Chemical Bank v. Vazquez, 234 A.D.2d 253). On this record, the petitioner has demonstrated neither. Rather, as the Family Court concluded, his failure to appear at the hearing was willful and intentional.

The petitioner's remaining contentions are without merit or not properly before us on this appeal.

Bracken, J. P., Thompson, Altman and Krausman, JJ., concur.