Tutuianu v. N.Y. Dept. of Social Serv

Full title: MICHAEL TUTUIANU, Appellant, v. STATE OF NEW YORK DEPARTMENT OF SOCIAL…

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

Date published: Sep 23, 1997

242 A.D.2d 476 (N.Y. App. Div. 1997)

663 N.Y.S.2d 817

Opinion

September 23, 1997

Appeal from Supreme Court, New York County (Beatrice Shainswit, J.).

We deem the notice of appeal to be an application for leave to appeal to this Court and grant it. We affirm upon findings that respondent's default was due to an excusable misunderstanding as to the return date of the application, and that respondent has meritorious defenses going to jurisdiction as well as the merits.

Concur — Sullivan, J.P., Ellerin, Nardelli, Williams and Andrias, JJ.