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ATKIN v. ATKIN

Appellate Division of the Supreme Court of New York, Second Department.
Oct 28, 2008
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Ordered that the order is affirmed, without costs or disbursements.

The determination of whether to relieve a party of an order entered upon his or her default is within the sound discretion of the Family Court ( see Matter of Coates v Lee, 32 AD3d 539; Matter of Vanessa F., 9 AD3d 464, 464-465). A party seeking to vacate such an order must establish that there was a reasonable excuse for the default and a meritorious defense to the petition ( see CPLR 5015 [a] [1]; Matter of Coates v Lee, 32 AD3d 539). We agree with the Family Court that the mother's conclusory, unsupported allegations failed to demonstrate a meritorious defense to the father's petition ( see Matter of Coates v Lee, 32 AD3d 539; Matter of Shirley C., 145 AD2d 631, 632).

The mother's remaining contentions are without merit.