Bambino v. Bambino

Appellate Division of the Supreme Court of New York

Bambino v. Bambino

261 A.D.2d 426, 687 N.Y.S.2d 294, 1999 N.Y. App. Div. LEXIS 4745

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 10, 1999

StatusPublished

Cited by3 cases

This text of 261 A.D.2d 426 (Bambino v. Bambino) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bambino v. Bambino, 261 A.D.2d 426, 687 N.Y.S.2d 294, 1999 N.Y. App. Div. LEXIS 4745 (N.Y. Ct. App. 1999).

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Opinion

—In an action for a divorce and ancillary relief, the defendant husband appeals from a judgment of the Supreme Court, Nassau County (Trainor, R.), entered March 26, 1998, which, upon an order of the same court dated January 26, 1998, denying his motion, inter alia, to vacate his default in appearing in the action, granted the plaintiff wife a divorce and determined the issues of maintenance and equitable distribution of marital property.

[427]*427Ordered that the judgment is affirmed, with costs.

The appellant did not demonstrate a reasonable excuse for his default and a meritorious defense. Accordingly, the Supreme Court did not improvidently exercise its discretion in denying his motion to vacate his default (see, Sayagh v Sayagh, 205 AD2d 678; Arvanetes v Arvanetes, 191 AD2d 893).

The appellant’s remaining contention is without merit. S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.

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—In an action for a divorce and ancillary relief, the defendant husband appeals from a judgment of the Supreme Court, Nassau County (Trainor, R.), entered March 26, 1998, which, upon an order of the same court dated January 26, 1998, denying his motion, inter alia, to vacate his default in appearing in the action, granted the plaintiff wife a divorce and determined the issues of maintenance and equitable distribution of marital property.

[427]*427Ordered that the judgment is affirmed, with costs.

The appellant did not demonstrate a reasonable excuse for his default and a meritorious defense. Accordingly, the Supreme Court did not improvidently exercise its discretion in denying his motion to vacate his default (see, Sayagh v Sayagh, 205 AD2d 678; Arvanetes v Arvanetes, 191 AD2d 893).

The appellant’s remaining contention is without merit. S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.

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Bluebook (online)

261 A.D.2d 426, 687 N.Y.S.2d 294, 1999 N.Y. App. Div. LEXIS 4745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bambino-v-bambino-nyappdiv-1999.

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