| Pemberton v Fuchs |
| 2008 NY Slip Op 10139 [57 AD3d 863] |
| December 23, 2008 |
| Appellate Division, Second Department |
| Deborah Fuchs Pemberton, Respondent, v Daniel Fuchs,Appellant. |
—[*1] Goldstein, Rubinton, Goldstein & DiFazio, P.C., Huntington, N.Y. (R. Russ DiFazio of counsel),for respondent.
In an action to enforce a provision of the parties' separation agreement dated October 8, 1985,which directed the defendant to pay the plaintiff 27½% of his monthly pension at the time heretires, the defendant appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), datedOctober 25, 2007, which denied his motion to vacate an order of the same court dated June 7, 2006,granting the plaintiff's unopposed motion to hold him in contempt for failing to pay a money judgment tothe extent of directing entry of a qualified domestic relations order.
Ordered that the order dated October 25, 2007 is affirmed, with costs.
The defendant was properly served with the plaintiff's motion to hold him in contempt (seeCorpuel v Galasso, 240 AD2d 531 [1997]; Rothkopf v Rothkopf, 191 AD2d 685[1993]). On this motion to vacate his default in opposing that motion, he was required to demonstrateboth a reasonable excuse for his default in opposing the motion and a meritorious opposition to themotion (see Raciti v Sands Point NursingHome, 54 AD3d 1014 [2008]Ayiku v Viteritti, 54 AD3d 789 [2008]; CPLR 5015 [a] [1]). He failed to do either.
The defendant's remaining contentions are without merit. Mastro, J.P., Florio, Eng and Chambers,JJ., concur.