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MATTER OF OLDS v. BINYARD

64 A.D.3d 658 (2009)

882 N.Y.S.2d 495

In the Matter of RENESSTA OLDS, Respondent, v. ROBERT BINYARD, Appellant, et al., Respondent. (Proceeding No. 1.) In the Matter of ROBERT BINYARD, Appellant, v. RENESSTA K. OLDS et al., Respondents. (Proceeding No. 2.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 14, 2009.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court providently exercised its discretion in denying the father's motion to vacate the custody order entered upon his default as the father failed to demonstrate either a reasonable excuse for the default or a meritorious defense to the petition for custody (see Matter of Taylor v Staples, 33 A.D.3d 1089 [2006]; Matter of Burns v Carriere-Knapp...

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