| Matter of Petulla v Petulla |
| 2011 NY Slip Op 05283 [85 AD3d 925] |
| June 14, 2011 |
| Appellate Division, Second Department |
| In the Matter of Pauline Petulla, Respondent, v VincentPetulla et al., Respondents, and Dolores Moscato, Appellant. |
—[*1] Claire Cody Miller, Staten Island, N.Y., for petitioner-respondent. Mitchell P. Newman, Staten Island, N.Y., Attorney for the Children.
In related child custody proceedings pursuant to Family Court Act article 6, the motherappeals from an order of the Family Court, Richmond County (McElrath, J.), dated September12, 2008, which denied her motion to vacate an order of the same court (Stanton, Ct. Atty. Ref.)dated March 5, 2008, which, upon her default in appearing at a hearing, inter alia, granted thepaternal grandmother's petition for custody of the subject children.
Ordered that the order dated September 12, 2008, is affirmed, without costs ordisbursements.
" 'The determination whether to relieve a party of an order entered upon his or her default is amatter left to the sound discretion of the Family Court' " (Matter of Cassidy Sue R., 58 AD3d 744, 745 [2009], quoting Matter of Francisco R., 19 AD3d502 [2005]; see Matter of Tenisha Tishonda T., 302 AD2d 534, 534 [2003]). A partyseeking to vacate such an order must establish that there was a reasonable excuse for the defaultand a potentially meritorious defense to the demand for relief sought in the petition (seeCPLR 5015 [a] [1]; Matter of Cassidy Sue R., 58 AD3d at 745; Matter of Coates v Lee, 32 AD3d539, 539 [2006]; Matter of Francisco R., 19 AD3d at 502). We agree with theFamily Court that the mother failed to make the requisite showing.
The mother's remaining contentions are without merit, refer to matter dehors the record, orare otherwise not properly before this Court. Rivera, J.P., Florio, Dickerson and Eng, JJ., concur.