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FALTINGS v. FALTINGS

Appellate Division of the Supreme Court of New York, Second Department.
Dec 5, 2006
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Ordered that the order is affirmed, with costs.

Although this Court has adopted a liberal policy with respect to vacating defaults in matrimonial actions, it is still within the Supreme Court's discretion whether to vacate a default ( see Passas v Passas, 18 AD3d 842; Viner v Viner, 291 AD2d 398; Black v Black, 141 AD2d 689). Here, the defendant failed to establish a reasonable excuse for her default and a meritorious defense to the action ( see CPLR 5015; Lutz v Goldstone, 31 AD3d 449; Dinstber v Fludd, 2 AD3d 670). Accordingly, the court providently exercised its discretion in denying the wife's motion to vacate the judgment entered upon her default for failing to answer or appear ( see Passas v Passas, supra; Viner v Viner, supra; Black v Black, supra).