Matter of Nelson v Hernandez

Matter of Matter of Nelson v Hernandez 2012 NY Slip Op 07676 Decided on November 14, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 14, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
ANITA R. FLORIO
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
2011-08864
(Docket No. O-20399-10)

[*1]In the Matter of Scott M. Nelson, respondent,

v

Pedro Hernandez, appellant.




Yasmin Daley Duncan, Brooklyn, N.Y., for appellant.
Paul B. Guttenberg, Syosset, N.Y., attorney for the children.


DECISION & ORDER

In a family offense proceeding pursuant to Family Court Act article 8, Pedro Hernandez appeals from an order of the Family Court, Queens County (Lebwohl, J.), dated August 4, 2011, which denied his motion to vacate an order of protection of the same court dated April 29, 2011, entered upon his default in appearing at a hearing.

ORDERED that the order dated August 4, 2011, is affirmed, without costs or disbursements.

The Family Court properly denied Pedro Hernandez's motion to vacate an order of protection entered upon his default in appearing at a hearing. A party seeking to vacate an order entered upon default must establish that there was a reasonable excuse for the default and a potentially meritorious defense (see Adolph H. Schreiber Hebrew Academy of Rockland, Inc. v Needleman, 90 AD3d 791). Here, Hernandez failed to satisfy that standard.

Hernandez's remaining contention is without merit.
ENG, P.J., FLORIO, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court