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Law & Mediation Office of Lewis S. Calderon

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Won affirmance of order that denied mother’s motion to vacate default in custody modification proceeding.

Matter of Davis v Davis, 84 AD3d 1080 (2nd Dept. 2011)

In this appeal by the mother of an order that denied her motion to vacate her default in responding to the father’s petition to modify a prior order of custody, the Second Department accepted my argument that Family Court providently exercised its discretion in denying those branches of the mother’s motion which were to vacate her default in opposing the father’s petition to modify a prior custody order and to vacate the order of custody entered upon her default in appearing, inasmuch as she failed to demonstrate a reasonable excuse for the default and a potentially meritorious defense to the relief sought in the petition.

http://www.nycourts.gov/reporter/3dseries/2011/2011_04246.htm