MATTER OF DANNER-NEPAGE v. NEPAGE


60 A.D.3d 1495 (2009)

875 N.Y.S.2d 853

In the Matter of KENDALL DANNER-NEPAGE, Appellant, v. CHAD NEPAGE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 27, 2009.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, the order entered September 24, 2007 is vacated, and the matter is remitted to Family Court, Oswego County, for a hearing on the petitions.

Memorandum: "In view of the unintentional nature of the default, the reasonable nature of the excuse, ... and the judicial preference for resolving cases on their merits," we conclude that Family Court...

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