| Ogazi v Ogazi |
| 2007 NY Slip Op 09748 [46 AD3d 646] |
| December 11, 2007 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Dominick Ogazi, Appellant, v Chioma Ogazi, Respondent. |
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Maureen Dougherty, Garden City, N.Y., for respondent.
Ordered the order is affirmed, with costs.
Although this Court has adopted a liberal policy with respect to vacating defaults in matrimonial actions, it is still within the Supreme Court's discretion to determine whether a default should be vacated (see Passas v Passas, 18 AD3d 842 [2005]; Viner v Viner, 291 AD2d 398 [2002]; Black v Black, 141 AD2d 689 [1988]). Here, the plaintiff failed to establish a reasonable excuse for his default in appearing at a pretrial conference (see Rolston v Rolston, 261 AD2d 377 [1999]; Benito v Childs, 253 AD2d 474 [1998]). In light of the lack of a reasonable excuse, it is unnecessary to consider whether the plaintiff demonstrated a meritorious cause of action or defense to a counterclaim (see Matter of Lutz v Goldstone, 31 AD3d 449, 450 [2006]). Accordingly, the court providently exercised its discretion in denying the motion to vacate the order entered upon the appellant's default. Schmidt, J.P., Skelos, Covello and Balkin, JJ., concur.