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McGUSTY v. McGUSTY

Appellate Division of the Supreme Court of New York, Second Department.
Jan 24, 2000
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

Although the courts have adopted a liberal policy of vacating defaults in matrimonial cases, a defaulting party is still required to show a reasonable excuse for the default and a meritorious defense (see, Baumer v. Baumer, 268 A.D.2d 495 [decided herewith]; Adams v. Adams, 255 A.D.2d 535 ; Booska v. Booska, 246 A.D.2d 567 ). On this record, the court providently exercised its discretion in denying the plaintiff's motion to vacate the judgment entered upon her default in appearing at a preliminary conference and an inquest (see, Sidi v. Sidi, 260 A.D.2d 566 ;Benjamin v. Benjamin, 249 A.D.2d 348 ; Babbo v. Babbo, 191 A.D.2d 606 ). Indeed, the plaintiff's own statements demonstrate that her failure to appear at the preliminary hearing and subsequent proceedings was willful (see, Mirza v. Mirza, 248 A.D.2d 447 ; Sayagh v. Sayagh, 205 A.D.2d 678 ).

THOMPSON, J.P., KRAUSMAN, H. MILLER, and SCHMIDT, JJ., concur.