Ogazi v Ogazi

2007 NY Slip Op 09748 [46 AD3d 646]

December 11, 2007

Appellate Division, Second Department

As corrected through Wednesday, February 13, 2008

Dominick Ogazi, Appellant, v Chioma Ogazi,Respondent.

—[*1]Anthony C. Emengo, Williamsburg, N.Y., for appellant.

Maureen Dougherty, Garden City, N.Y., for respondent.

In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the SupremeCourt, Nassau County (Iannacci, J.), dated October 20, 2006, which denied his motion to vacatean order of the same court dated June 27, 2006, entered upon his default in appearing at a pretrialconference.

Ordered the order is affirmed, with costs.

Although this Court has adopted a liberal policy with respect to vacating defaults inmatrimonial actions, it is still within the Supreme Court's discretion to determine whether adefault should be vacated (see Passas vPassas, 18 AD3d 842 [2005]; Viner v Viner, 291 AD2d 398 [2002]; Black vBlack, 141 AD2d 689 [1988]). Here, the plaintiff failed to establish a reasonable excuse forhis default in appearing at a pretrial conference (see Rolston v Rolston, 261 AD2d 377[1999]; Benito v Childs, 253 AD2d 474 [1998]). In light of the lack of a reasonableexcuse, it is unnecessary to consider whether the plaintiff demonstrated a meritorious cause ofaction or defense to a counterclaim (seeMatter of Lutz v Goldstone, 31 AD3d 449, 450 [2006]). Accordingly, the courtprovidently exercised its discretion in denying the motion to vacate the order entered upon theappellant's default. Schmidt, J.P., Skelos, Covello and Balkin, JJ., concur.