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Matter of Tyrone

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1996
223 A.D.2d 367 (N.Y. App. Div. 1996)

Opinion

January 9, 1996

Appeal from the Family Court, New York County (Leah Marks, J.).


The only appealable matter herein is the order denying the motion to vacate the default; appellant is precluded from challenging either the court's factual findings or the procedure by which they were reached (CPLR 5511; Matter of Geraldine Rose W., 196 A.D.2d 313, lv dismissed 84 N.Y.2d 967). The party seeking to vacate a default must demonstrate the existence of a reasonable excuse for the default and a meritorious defense to the proceeding ( Matter of Donald LL., 210 A.D.2d 768; Matter of "Male" Jones, 128 A.D.2d 403). Under the circumstances herein, Family Court properly exercised its discretion in refusing to vacate the default since the mother's conclusory, unsupported allegations failed to demonstrate either of these requisite elements.

Concur — Murphy, P.J., Wallach, Kupferman, Ross and Williams, JJ.


Summaries of

Matter of Tyrone

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1996
223 A.D.2d 367 (N.Y. App. Div. 1996)
Case details for

Matter of Tyrone

Case Details

Full title:In the Matter of TYRONE W., Alleged to be a Dependent Child. MARGARET W.…

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

Date published: Jan 9, 1996

Citations

223 A.D.2d 367 (N.Y. App. Div. 1996)
636 N.Y.S.2d 310

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