Weintrob v. Weintrob
Cases that cite this one
16 later published cases cite this decision.
- Diaz Ex Rel. Belen v. Wyckoff Heights Medical Center (Appellate Division of the Supreme Court of New York 2017)
- Peterson v. Eagan (Appellate Division of the Supreme Court of New York 2013)
- Peterson v. Eagan (Appellate Division of the Supreme Court of New York 2013)
- Matter of Clarke v. Clarke (Appellate Division of the Supreme Court of New York 2024)
- Matter of Pecoraro v. Ferraro (Appellate Division of the Supreme Court of New York 2019)
- Matter of Makaveyev v. Paliy (Appellate Division of the Supreme Court of New York 2018)
- Hairston v. Marcus Garvey Residential Rehab Pavilion, Inc. (Appellate Division of the Supreme Court of New York 2018)
- Matter of Adinolfi v. Callanan (Appellate Division of the Supreme Court of New York 2018)
- Ashley v. Ashley (Appellate Division of the Supreme Court of New York 2016)
- Matter of Cadwell v. Cadwell (Appellate Division of the Supreme Court of New York 2015)
- Matter of Xiao-Lan Ma v. Washington (Appellate Division of the Supreme Court of New York 2015)
- HSBC Bank USA, National Ass'n v. Miller (Appellate Division of the Supreme Court of New York 2014)
- Sussman v. Jo-Sta Realty Corp. (Appellate Division of the Supreme Court of New York 2012)
- Sussman v. Jo-Sta Realty Corp. (Appellate Division of the Supreme Court of New York 2012)
- Orange County Department of Social Services v. Germel Y. (Appellate Division of the Supreme Court of New York 2012)
- Orange County Department of Social Services v. Germel Y. (Appellate Division of the Supreme Court of New York 2012)
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
Since the father made his motion to vacate the order dated August 14, 2006, more than one year after the service upon him of a copy of that order, with notice of its entry, that branch of his motion which was to vacate that order on the basis of excusable default was properly denied as untimely. Moreover, although the Supreme Court has the inherent authority to vacate an order in the interest of justice even where the statutory one-year period under CPLR 5015 (a) (1) has expired, here, the father failed to demonstrate a reasonable excuse for his delay in moving to vacate the order, and failed to demonstrate a reasonable excuse for his failure to appear in court on August 14, 2006, to defend against the mother’s petition for an award of
In addition, and contrary to the father’s contention, the Family Court had no authority to reduce or annul child support arrears accrued prior to his submission of an application to modify the order of child support, regardless of whether the father had good cause for having failed to seek modification of his child support obligation prior to the accumulation of those arrears (see Family Ct Act § 451; Matter of Dox v Tynon, 90 NY2d 166, 173-174 [1997]; Matter of Moore v Abban, 72 AD3d 970, 972-973 [2010]; Matter of Mandelowitz v Bodden, 68 AD3d 871, 875 [2009]; Matter of Wrighton v Wrighton, 23 AD3d at 670). Skelos, J.E, Eng, Hall and Lott, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.