| Matter of Territo v Keane |
| 2008 NY Slip Op 07923 [55 AD3d 744] |
| October 14, 2008 |
| Appellate Division, Second Department |
| In the Matter of Alice Territo, Respondent, v Richard Keane,Appellant. |
—[*1]
In a family offense proceeding pursuant to Family Court Act article 8, the husband appeals from anorder of the Family Court, Suffolk County (Simeone, J.), dated November 14, 2007, which denied hismotion pursuant to CPLR 5015 (a) (1) to vacate an order of protection of the same court datedJanuary 31, 2007, entered upon his default in appearing for a hearing.
Ordered that the order is affirmed, without costs or disbursements.
The Family Court properly denied the husband's motion pursuant to CPLR 5015 (a) (1) to vacatean order of protection entered upon his default in appearing for a hearing on the wife's family offensepetition. The husband demonstrated neither a reasonable excuse for his default nor a meritoriousdefense to the petition (see CPLR 5015 [a] [1]; Atwater v Mace, 39 AD3d 573 [2007]; Matter of Thomas vCoombs, 290 AD2d 512 [2002]; Matter of Ashley Marie M., 287 AD2d 333 [2001];Matter of Nathalie A., 145 AD2d 629, 630 [1988]; see also Durr v New York Community Hosp., 43 AD3d 388 [2007]; Matter of Joosten v Joosten, 32 AD3d1030 [2006]).
The husband's remaining contention is not properly before this Court. Skelos, J.P., Fisher,Dickerson and Belen, JJ., concur.