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In the Matter of JOSEPH H. McCAFFREY, Appellant, v. DOROTHY G. McCAFFREY, Respondent.

Ordered that the appeal from the order dated February 2, 1993, is dismissed, without costs or disbursements, as that order was superseded by the order dated June 15, 1993, made upon reargument; and it is further,

Ordered that the order dated June 15, 1993, is affirmed insofar as reviewed, without costs or disbursements.

While the appellant's illness may have arguably constituted a reasonable excuse for his failure to appear at a hearing on the respondent's petition, which had already been rescheduled at his request, he failed to present a meritorious defense. Accordingly, the court properly denied his motion to vacate the default judgment against him (see, Alert Med. Personnel v Rera, 203 A.D.2d 401). Sullivan, J.P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.

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MATTER OF McCAFFREY v. McCAFFREY
(Dec 19, 1994)