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Pemberton v. Fuchs

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 23, 2008

DEBORAH FUCHS PEMBERTON, RESPONDENT,
v.
DANIEL FUCHS, APPELLANT.

In an action to enforce a provision of the parties' separation agreement dated October 8, 1985, which directed the defendant to pay the plaintiff 271/2% of his monthly pension at the time he retires, the defendant appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated October 25, 2007, which denied his motion to vacate an order of the same court dated June 7, 2006, granting the plaintiff's unopposed motion to hold him in contempt for failing to pay a money judgment to the extent of directing entry of a qualified domestic relations order.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., ANITA R. FLORIO, RANDALL T. ENG & CHERYL E. CHAMBERS, JJ.

(Index No. 24616/02)

DECISION & ORDER

ORDERED that the order dated October 25, 2007, is affirmed, with costs.

The defendant was properly served with the plaintiff's motion to hold him in contempt (see Corpuel v Galasso, 240 AD2d 531; Rothkopf v Rothkopf, 191 AD2d 685). On this motion to vacate his default in opposing that motion, he was required to demonstrate both a reasonable excuse for his default in opposing the motion and a meritorious opposition to the motion (see Raciti v Sands Pt. Nursing Home, 54 AD3d 1014; Ayiku v Viteritti, 54 AD3d 789; CPLR 5015[a][1]). He failed to do either.

The defendant's remaining contentions are without merit.

MASTRO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

20081223

© 1992-2008 VersusLaw Inc.



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