Opinion
2002-00615
Submitted May 8, 2003.
May 27, 2003.
In a matrimonial action in which the parties were divorced by judgment dated April 17, 2001, entered upon the defendant's default in appearing, the defendant appeals from an order of the Supreme Court, Suffolk County (Blydenburgh, J.), dated May 16, 2002, which, inter alia, denied his cross motion to vacate the judgment dated April 17, 2001, and for leave to serve a late answer.
Galasso Langione, Garden City, N.Y. (Michael LoFromento and Peter J. Galasso of counsel), for appellant.
Sallah Law Firm, P.C., Holtsville, N.Y. (Dean J. Sallah of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Although this court has adopted a liberal policy with respect to vacating default judgments in matrimonial actions, the opening of a default is discretionary (see Salley v. Salley, 258 A.D.2d 454). Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the defendant's motion to vacate the default judgment (see Salley v. Salley, supra; Bambino v. Bambino, 261 A.D.2d 426; Sayagh v. Sayagh, 205 A.D.2d 678). The defendant failed to establish a meritorious defense to the plaintiff's claims to equitable distribution. Moreover, the defendant failed to present a reasonable excuse for his failure to answer the summons until after the inquest and after the judgment of divorce was signed. The defendant's failure to explain the reason for the inordinate delay in serving an answer, which was vaguely attributed to law office failure, is insufficient to establish a reasonable excuse (see Matter of People of State of N.Y. v. BBC Prop. Portfolio Corp., 281 A.D.2d 549).
The defendant's remaining contentions are without merit.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and TOWNES, JJ., concur.