| Branch v Branch |
| 2009 NY Slip Op 07570 [66 AD3d 809] |
| October 20, 2009 |
| Appellate Division, Second Department |
| William Branch, Respondent, v Lisa Branch,Appellant. |
—[*1] Judd & Moss, P.C., Ronkonkoma, N.Y. (Francine H. Moss of counsel), forrespondent.
In an action for a divorce and ancillary relief, the defendant appeals from an order of theSupreme Court, Suffolk County (Blydenburgh, J.), dated June 24, 2008, which denied hermotion to vacate her default in failing to appear for trial and to restore the action to the trialcalendar.
Ordered that the order is reversed, on the law and in the exercise of discretion, with costs,and the defendant's motion to vacate her default in failing to appear for trial and to restore theaction to the trial calendar is granted.
Under the circumstances of this case, the Supreme Court improvidently exercised itsdiscretion in denying the defendant's motion. The defendant was approximately one hour late inappearing for trial, there was no indication that her lateness was willful or inexcusable, and therewas no indication that the plaintiff was prejudiced by the short delay (see Jeffrey L. Rosenberg & Assoc., LLC vLajaunie, 35 AD3d 668 [2006]; Jolkovsky v Legeman, 32 AD3d 418 [2006]). Moreover, the courtsgenerally have "a liberal policy with respect to vacating defaults in matrimonial actions" (Passas v Passas, 18 AD3d 842[2005]). Mastro, J.P., Dillon, Dickerson, Belen and Lott, JJ., concur.