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FORMICHELLA v. FORMICHELLA

Appellate Division of the Supreme Court of New York, Second Department.
Nov 23, 1987

Ordered that the judgment is affirmed, with costs.

Although the policy of this court is liberal with respect to vacatur of defaults in matrimonial actions (see, Ray v. Ray, 108 A.D.2d 905; Breen v. Breen, 99 A.D.2d 539; Levy v. Levy, 67 A.D.2d 998), where the default is willful, as here, it would constitute an improvident exercise of discretion to open the default (see, Perellie v. Crimson's Rest., 108 A.D.2d 903; Murphy v. Hall, 24 A.D.2d 892; Miller v. Hainzl, 5 A.D.2d 764, mot to dismiss appeal withdrawn 8 N.Y.2d 912). Thompson, J.P., Niehoff, Rubin and Sullivan, JJ., concur.