Matter of Geoffrey Colin D. v. Janelle Latoya A.

Appellate Division of the Supreme Court of New York

Matter of Geoffrey Colin D. v. Janelle Latoya A.

132 A.D.3d 438, 17 N.Y.S.3d 404

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

DecidedOctober 8, 2015

Docket15814 15813

StatusPublished

Cited by6 cases

This text of 132 A.D.3d 438 (Matter of Geoffrey Colin D. v. Janelle Latoya A.) 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

Matter of Geoffrey Colin D. v. Janelle Latoya A., 132 A.D.3d 438, 17 N.Y.S.3d 404 (N.Y. Ct. App. 2015).

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Opinion

Order, Family Court, New York County (Carol J. Goldstein, Referee), entered on or about January 24, 2014, which denied respondent’s motion to vacate a final order of custody to petitioner, entered on default on or about April 23, 2013, unanimously affirmed, without costs.

The Referee’s findings, that respondent failed to substantiate her claims of a reasonable excuse and a meritorious defense, are supported by the record. Specifically, respondent’s claim that she did not receive notice of the April 23, 2013 inquest is credibly refuted by the mailing sent to her by the clerk of the court, to her confidential address, and the affidavit of the child’s attorney stating that he provided respondent with actual notice of the inquest, during a telephone call. Moreover, respondent provided no documentary evidence to support her meritorious defense claim that she was in a car accident, asked petitioner to keep the child for a few more weeks, and was unable to reach petitioner from January to March 2013. Under these circumstances, the Family Court providently exercised *439 its discretion in denying respondent’s motion to vacate the final order of custody entered on default (see Matter of Amirah Nicole A. [Tamika R.], 73 AD3d 428, 428-429 [1st Dept 2010], lv dismissed 15 NY3d 766 [2010]).

Concur — Friedman, J.P., Andrias, Saxe, Gische and Kapnick, JJ.

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Order, Family Court, New York County (Carol J. Goldstein, Referee), entered on or about January 24, 2014, which denied respondent’s motion to vacate a final order of custody to petitioner, entered on default on or about April 23, 2013, unanimously affirmed, without costs.

The Referee’s findings, that respondent failed to substantiate her claims of a reasonable excuse and a meritorious defense, are supported by the record. Specifically, respondent’s claim that she did not receive notice of the April 23, 2013 inquest is credibly refuted by the mailing sent to her by the clerk of the court, to her confidential address, and the affidavit of the child’s attorney stating that he provided respondent with actual notice of the inquest, during a telephone call. Moreover, respondent provided no documentary evidence to support her meritorious defense claim that she was in a car accident, asked petitioner to keep the child for a few more weeks, and was unable to reach petitioner from January to March 2013. Under these circumstances, the Family Court providently exercised *439 its discretion in denying respondent’s motion to vacate the final order of custody entered on default (see Matter of Amirah Nicole A. [Tamika R.], 73 AD3d 428, 428-429 [1st Dept 2010], lv dismissed 15 NY3d 766 [2010]).

Concur — Friedman, J.P., Andrias, Saxe, Gische and Kapnick, JJ.

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Bluebook (online)

132 A.D.3d 438, 17 N.Y.S.3d 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-geoffrey-colin-d-v-janelle-latoya-a-nyappdiv-2015.

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