| Young Chen v Ruihua Li |
| 2009 NY Slip Op 08612 [67 AD3d 905] |
| November 17, 2009 |
| Appellate Division, Second Department |
| Young Chen, Respondent, v Ruihua Li,Appellant. |
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In a matrimonial action in which the parties were divorced by judgment dated February 13,2007, entered upon the defendant's default in appearing, the defendant appeals from an order ofthe Supreme Court, Queens County (Sampson, J.), entered February 7, 2008, which denied hermotion to vacate her default and to set aside the judgment.
Ordered that the order is affirmed, without costs or disbursement.
Although this Court has generally applied a liberal policy in matrimonial cases with respectto vacating defaults, it is still incumbent on the defendant to demonstrate a reasonable excuse forher default and the existence of a meritorious defense (see Cuzzo v Cuzzo, 65 AD3d 1274 [2009]; Ogazi v Ogazi, 46 AD3d 646[2007]; Atwater v Mace, 39 AD3d573, 574 [2007]; Faltings vFaltings, 35 AD3d 350 [2006]). "The determination of what constitutes a reasonableexcuse for a default lies within the sound discretion of the court" (Cordova v Cordova, 63 AD3d982, 988 [2009]; see Cooper vCooper, 55 AD3d 866 [2008]; Santiago v New York City Health & Hosps. Corp., 10 AD3d 393,394 [2004]).
Contrary to the defendant's contentions, the Supreme Court properly determined that thedefendant was duly served with process and that she failed to establish a reasonable excuse forher default. Accordingly, we need not determine whether the defendant had a meritoriousdefense (see Cooper v Cooper, 55AD3d 866 [2008]; Ogazi vOgazi, 46 AD3d 646 [2007]; Levi v Levi, 46 AD3d 519, 520 [2007]; Matter of Lutz v Goldstone, 31 AD3d449, 450 [2006]). Dillon, J.P., Florio, Balkin and Leventhal, JJ., concur.