Appellate Division of the Supreme Court of New York, 2000

Santiago v. Santiago

Appellate Division of the Supreme Court of New York · Decided August 23, 2000

275 A.D.2d 429; 712 N.Y.S.2d 629; 2000 N.Y. App. Div. LEXIS 8880

Cases that cite this one

8 later published cases cite this decision.

Matter of Williams v. Williams (Appellate Division of the Supreme Court of New York 2017)
Muhammadu v. Barcia (Appellate Division of the Supreme Court of New York 2012)
Muhammadu v. Barcia (Appellate Division of the Supreme Court of New York 2012)
Dos Santos v. Dos Santos (Appellate Division of the Supreme Court of New York 2010)
Ricciardi v. Sharrin (Appellate Division of the Supreme Court of New York 2003)
Simmons v. Pantoja (Appellate Division of the Supreme Court of New York 2003)
Bradley v. Evans (Appellate Division of the Supreme Court of New York 2002)
Reddy v. Prestige Construction, Inc. (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate a petition designating Gladys Santiago as a candidate in a primary election to be held on September 12, 2000, for the nomination of the Democratic Party as its candidate for the public office of State Senator for the 17th Senate District and the party position of Female Member of the Democratic State Committee for the 54th Assembly District, Gladys Santiago appeals from an order of the Supreme Court, Kings County (Barasch, J.), dated August 8, 2000, which denied her motion to vacate a final order of the same court dated August 1, 2000, which, upon her failure to appear or answer, granted the petition.

*430Ordered that the order is reversed, on the facts, without costs or disbursements, the motion is granted, the final order dated August 1, 2000, is vacated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

We find that the appellant was present at the courthouse on August 1, 2000, the return date of the order to show cause seeking to invalidate the petition designating her as a candidate for State Senator for the 17th Senate District and the party position of Female Member of the Democratic State Committee for the 54th Assembly District. However, due to congestion in the courtroom, the appellant was detained downstairs and subsequently missed the calendar call of her case.

The record suggests that the appellant, appearing pro se, intended to participate in the proceedings and that her default was not intentional or the result of bad faith (see, Krebs v Cabrera, 250 AD2d 736, 737; Key Bank v Lammers, 191 AD2d 615, 616). Moreover, it appears that the appellant may have a colorable defense (see, Key Bank v Lammers, supra, at 616).

Accordingly, the appellant’s motion to vacate the judgment entered upon her alleged default in appearing at the hearing is granted, and the matter is remitted to the Supreme Court, Kings County, to decide the proceeding on the merits. O’Brien, J. P., Santucci, Altman and Friedmann, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.