IN RE: the petition of Athenia Powell to enforce the terms of a stipulation of settlement in the Estate of (2026)

In this proceeding by Athenia Powell to enforce a stipulation of settlement entered into between the parties in an underlying probate proceeding, respondent, Mitchell Wade McClinton, moves to vacate the order dated May 20, 2026, that dismissed their answer for failure to comply with a court order directing their appearance at a preliminary conference.

A party seeking to vacate a default must demonstrate a reasonable excuse for the default and a potentially meritorious defense or objection to the petition (see Matter of Van Zwienen, 202 AD3d 802 [2d Dept 2022]; In re Wang, 5 AD3d 785 [2d Dept 2004]; In re Maxwell, 13 AD3d 630 [2d Dept 2004].) "Law office failure may, under certain circumstances, constitute a reasonable excuse for a default, but the party seeking to vacate the default must provide detailed allegations of fact that explain the failure. [internal citations omitted]" (In re Esposito, 57 AD3d 894 [2d Dept 2008].) "[T]he determination as to whether a party has established a reasonable excuse [for] a default lies within the sound discretion of the trial court" (Matter of Elaine Langer Tr.., 179 AD3d 1063 [2d Dept 2020].)

Here, the respondent failed to establish a reasonable excuse for their default. Specifically, respondent's counsel had advance notice of the conference date and admittedly failed to request an adjournment. Their assertion of "inadvertent internal office administrative oversight" is vague, conclusory and unsubstantiated (see Tulloch v Barka, 249 AD3d 1213, 1214 [2d Dept 2026].)

Since the petitioner did not establish a reasonable excuse for their default, the Court need not address whether they demonstrated a potentially meritorious objection to the petition (see Matter of Elaine Langer Tr.., 179 AD3d 1063, 1064 [2d Dept 2020]) and in any event, none was proffered.

Accordingly, the branch of the motion seeking to vacate their default and consequently, this Court's order dated May 20, 2026 which dismissed their answer, is denied. Additionally, the balance of the relief sought, which seeks a finding that the fiduciary of the estate failed to remove personal property from the decedent's premises and the issuance of an order compelling the fiduciary to dispose of such personal property, is denied as procedurally improper

(SCPA 203).

This is the decision and order of the Court.

September 21, 2026

SURROGATE

Cassandra A. Johnson, S.