| Matter of Crai v Crai |
| 2015 NY Slip Op 08829 [134 AD3d 705] |
| December 2, 2015 |
| Appellate Division, Second Department |
[*1]
| In the Matter of Marie Crai,Respondent, v Robert Crai, Appellant. |
Robert S. Lewis, P.C., Nyack, N.Y., for appellant.
Appeal from an order of the Family Court, Westchester County (Michelle I. Schauer,J.), dated December 24, 2014. The order denied the father's objections to an order of thatcourt (Rosa Cabanillas-Thompson, S.M.) dated September 19, 2014, which denied hismotion pursuant to CPLR 5015 (a) to vacate an order of that court (RosaCabanillas-Thompson, S.M.) dated September 10, 2014, which, upon his failure toappear at a hearing, granted the mother's petition for an upward modification of his childsupport obligation.
Ordered that the order dated December 24, 2014, is affirmed, without costs ordisbursements.
A party seeking to vacate a default must establish a reasonable excuse for the default,as well as a potentially meritorious defense to the relief sought in the petition (seeCPLR 5015 [a] [1]; Matter ofHurston v Southlea, 91 AD3d 952 [2012]; Matter of Morales v Marma, 88 AD3d 722 [2011]; Matter of Petulla v Petulla, 85AD3d 925 [2011]). The determination of whether to relieve a party of an orderentered upon his or her default is within the sound discretion of the Family Court (see Matter of Hurston vSouthlea, 91 AD3d 952 [2012]; Matter of Cassidy Sue R., 58 AD3d 744 [2009]; Matter of Francisco R., 19AD3d 502 [2005]). Here, the father's proffered excuse for failing to appear at ascheduled hearing on the mother's petition for an upward modification of his childsupport obligation was that he had "an anxiety condition" which made him "unable tofully concentrate at times," and "could cause intermittent confusion." This excuse is bothtoo general and too equivocal to explain why he failed to appear at the hearing, of whichhe admits he was provided notice (see Matter of Jenny F. v Felix C., 121 AD3d 413 [2014];Matter of Mariah A. [HugoA.], 109 AD3d 751 [2013]; Matter of Jaynices D. [Yesenia Del V.], 67 AD3d 518[2009]; Matter of Gloria MarieS., 55 AD3d 320 [2008]). Since the father failed to demonstrate a reasonableexcuse for the default, we need not consider whether he offered a potentially meritoriousdefense to the mother's petition (see Matter of Jenny F. v Felix C., 121 AD3d 413 [2014];Matter of Yadori Marie F.[Osvaldo F.], 111 AD3d 418 [2013]; Deutsche Bank Natl. Trust Co. v Conway, 99 AD3d 755[2012]; Fremont Inv. &Loan v Bertram, 90 AD3d 988 [2011]). Accordingly, the Family Court properlydenied the father's objections to the Support Magistrate's order denying his motion tovacate his default. Dillon, J.P., Hall, Cohen and Barros, JJ., concur.