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IN THE MATTER OF ERIN MAYNARD, RESPONDENT, v. MICHAEL E. CODY, APPELLANT.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant's contention, he did not provide a reasonable excuse for his failure to appear at a hearing on December 17, 1998 (see, Dudley v. Steese, 228 A.D.2d 931). Moreover, the appellant's self-serving affidavit, in which he alleged that he did not have access to the petitioner during the period of conception and that his brother did, was not sufficient to set forth a meritorious defense. Accordingly, the Supreme Court properly declined to vacate the orders of filiation and support and properly declined to join the appellant's brother as a party to the proceeding.

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MATTER OF MAYNARD v. CODY
(Apr 5, 2001)