Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentNov 25, 1985
114 A.D.2d 1014 (N.Y. App. Div. 1985)

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    …By interim decision of November 30, 1989, this court directed that a hearing be held. (See, Ryan v Ryan, 92…

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November 25, 1985

Appeal from the Family Court, Westchester County (Miller, J.).

On the court's own motion, appellant's notice of appeal is treated as an application for leave to appeal, said application is referred to Presiding Justice Mollen, and leave to appeal is granted by Presiding Justice Mollen.

Order affirmed, with costs.

Respondent's moving papers support a finding of excusable default and the existence of a meritorious defense. Accordingly, the motion to vacate respondent's default was properly granted. Mollen, P.J., Gibbons, Brown, Niehoff and Eiber, JJ., concur.