Opinion
No. 2007-11602.
December 23, 2008.
In an action to enforce a provision of the parties' separation agreement dated October 8, 1985, which directed the defendant to pay the plaintiff 27½ of his monthly pension at the time he retires, the defendant appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated October 25, 2007, which denied his motion to vacate an order of the same court dated June 7, 2006, granting the plaintiff's unopposed motion to hold him in contempt for failing to pay a money judgment to the extent of directing entry of a qualified domestic relations order.
Arnold B. Firestone, P.C., Hauppauge, N.Y. (Robert H. Montefusco of counsel), for appellant.
Goldstein, Rubinton, Goldstein DiFazio, P.C., Huntington, N.Y. (R. Russ DiFazio of counsel), for respondent.
Before: Mastro, J.P., Florio, Eng and Chambers, JJ. concur.
Ordered that the order dated October 25, 2007 is affirmed, with costs.
The defendant was properly served with the plaintiff's motion to hold him in contempt ( see Corpuel v Galasso, 240 AD2d 531; Rothkopf v Rothkopf, 191 AD2d 685). On this motion to vacate his default in opposing that motion, he was required to demonstrate both a reasonable excuse for his default in opposing the motion and a meritorious opposition to the motion ( see Raciti v Sands Point Nursing Home, 54 AD3d 1014 Ayiku v Viteritti, 54 AD3d 789; CPLR 5015 [a] [1]). He failed to do either.
The defendant's remaining contentions are without merit.