Summary
The Appellate Division, Second Department affirmed an order denying the father's objections to the denial of his motion to vacate default orders in a child-support enforcement proceeding. The court held that although the father showed a reasonable excuse and no intent to default, he failed to establish a potentially meritorious defense.
Court
Supreme Court of the State of New York, Appellate Division, Second Judicial Department
Jurisdiction
Supreme Court of the State of New York, Appellate Division, Second Department
Decision date
May 20, 2026
Docket number
2024-03313
Disposition
affirmed
Questions Presented
- Whether the father's default should be vacated based on his tardy appearance at the child-support hearing.
- Whether the father established a potentially meritorious defense sufficient to vacate the default orders.
Holdings
- A party seeking to vacate a default must establish both a reasonable excuse for the default and a potentially meritorious claim or defense.
Court Document
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