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ESTATE OF JOHN G. ALLEN, Deceased, Respondent, v. AUDRA ALLEN, Appellant.

Despite the liberal policy with respect to the vacatur of default judgments in matrimonial actions ( see, Conner v. Conner, 240 A.D.2d 614; Dunbar v. Dunbar, 233 A.D.2d 922; Louis v. Louis, 231 A.D.2d 612; Hansen v. Hansen, 229 A.D.2d 960), it is still incumbent upon a party seeking vacatur to establish both a reasonable excuse for the default and a meritorious defense ( see, Conner v. Conner, supra, at 615; Dunbar v. Dunbar, supra; Louis v. Louis, supra), and, as the IAS Court found, none of defendant's proffered excuses for her default was reasonable. We note, in addition, that defendant also failed to make the requisite showing of a meritorious defense.

We have considered defendant's remaining arguments and find them unavailing.

Motion seeking leave to strike appellant's reply brief and cross motion seeking leave to strike respondent's brief denied.

Concur — Sullivan, J. P., Nardelli, Wallach and Tom, JJ.

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ESTATE OF ALLEN v. ALLEN
(Feb 25, 1999)