BROSIUS v. BROSIUS (1999)

Supreme Court, Appellate Division, Second Department, New York.

Donna BROSIUS, respondent, v. Robert BROSIUS, appellant.

Decided: November 01, 1999

CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN and SANDRA J. FEUERSTEIN, JJ.

Martin K. Lang, P.C., Garden City, N.Y., for appellant. Pearlman Apat & Futterman, LLP, Kew Gardens, N.Y. (Martin M. Seinfeld of counsel), for respondent.

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Queens County (Lonschein, J.), dated December 1, 1998, which denied his motion to vacate an amended judgment of the same court, dated December 21, 1994, entered upon his default in appearing at a hearing and following an inquest, inter alia, for arrears of child support.

ORDERED that the order is affirmed, with costs.

A party attempting to vacate a default judgment must establish both a reasonable excuse for the default and a meritorious defense (see, Roussodimou v. Zafiriadis, 238 A.D.2d 568, 657 N.Y.S.2d 66; Putney v. Pearlman, 203 A.D.2d 333, 612 N.Y.S.2d 919). The defendant failed to satisfy that standard in this case.

MEMORANDUM BY THE COURT.

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