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BAUMER v. BAUMER

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 reversed, on the law, with costs, the motion is denied, and the judgment is reinstated.

Under the circumstances, the Supreme Court improvidently exercised its discretion in vacating the default judgment. Although the courts have adopted a liberal policy with respect to vacating defaults in matrimonial actions, the defaulting party is still required to show a reasonable excuse for the default and a meritorious defense (see, Adams v. Adams, 255 A.D.2d 535 ; Kogan v. Kogan, 253 A.D.2d 739 ; Booska v. Booska, 246 A.D.2d 567 ). Here, the defendant has not met that burden. Further, the defendant delayed almost six years before making this application (see, CPLR 5015[a][1]; Koch v. Koch, 198 A.D.2d 701 ; Anderson v. Anderson, 144 A.D.2d 512 ; Black v. Black, 141 A.D.2d 689 ).

MANGANO, P.J., THOMPSON, ALTMAN, and LUCIANO, JJ., concur.