Majority
In a matrimonial action in which the parties were divorced by judgment dated February 13, 2007, entered upon the defendant’s default in appearing, the defendant appeals from an order of the Supreme Court, Queens County (Sampson, J.), entered February 7, 2008, which denied her motion to vacate her default and to set aside the judgment.
Ordered that the order is affirmed, without costs or disbursement.
Although this Court has generally applied a liberal policy in
Contrary to the defendant’s contentions, the Supreme Court properly determined that the defendant was duly served with process and that she failed to establish a reasonable excuse for her default. Accordingly, we need not determine whether the defendant had a meritorious defense (see Cooper v Cooper, 55 AD3d 866 [2008]; Ogazi v Ogazi, 46 AD3d 646 [2007]; Levi v Levi, 46 AD3d 519 , 520 [2007]; Matter of Lutz v Goldstone, 31 AD3d 449 , 450 [2006]). Dillon, J.P., Florio, Balkin and Leventhal, JJ., concur.
Cases cited
- Cuzzo v. Cuzzo 65 AD3d 1274 p. 906
- Atwater v. Mace 39 AD3d 573 at 574 p. 906
- Cordova v. Cordova 63 AD3d 982 at 988 p. 906
- Cooper v. Cooper 55 AD3d 866 p. 906
- Santiago v. New York City Health & Hospitals Corp. 10 AD3d 393 at 394 p. 906
- Levi v. Levi 46 AD3d 519 at 520 p. 906
- Lutz v. Goldstone 31 AD3d 449 at 450 p. 906