| Matter of Hurston v Southlea |
| 2012 NY Slip Op 00785 [91 AD3d 952] |
| Jnury 31, 2012 |
| Appellate Division, Second Department |
| In the Matter of Silva Hurston, Respondent, v KendallSouthlea, Appellant. |
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In a child support proceeding pursuant to Family Court Act article 4, the father appeals froman order of the Family Court, Westchester County (Malone, J.), dated March 18, 2011, whichdenied his motion to vacate an order of disposition of the same court (Jamieson, J.), enteredDecember 26, 2002, which, upon his default in appearing at a hearing, granted the mother'spetition for an award of child support arrears, and directed the entry of a money judgment infavor of the mother and against him in the principal sum of $12,053.
Ordered that the order dated March 18, 2011, is affirmed, without costs or disbursements.
The Family Court providently exercised its discretion in denying the father's motion to vacatethe order of disposition entered December 26, 2002, upon his default in appearing at a hearing. Aparty seeking to vacate a default must establish a reasonable excuse for the default and apotentially meritorious defense (see CPLR 5015 [a] [1]; Matter of Morales v Marma, 88 AD3d722, 722 [2011]; Matter of Petulla vPetulla, 85 AD3d 925, 926 [2011]). " 'The determination whether to relieve a party of anorder entered upon his or her default is a matter left to the sound discretion of the Family Court' "(Matter of Cassidy Sue R., 58 AD3d744, 745 [2009], quoting Matter ofFrancisco R., 19 AD3d 502, 502 [2005]; see Matter of Tenisha Tishonda T., 302AD2d 534, 534 [2003]). Here, the father failed to establish a reasonable excuse for his default(see Matter of Joosten v Joosten, 32AD3d 1030, 1030 [2006]; Matter ofLutz v Goldstone, 31 AD3d 449, 450 [2006]; Matter of Oliphant v Oliphant, 21 AD3d 376 [2005]).
The father's remaining contentions either are without merit, refer to matter dehors the record,or are otherwise not properly before this Court. Angiolillo, J.P., Dickerson, Austin and Cohen,JJ., concur.