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ROGERS v. ROGERS

2008-04416.

2009 NY Slip Op 06418

INNA ROGERS, appellant, v. JOHN ROGERS, respondent.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Banks Curran Schwam and Squirrell, LLP, Mount Kisco, N.Y. (David J. Squirrell of counsel), for appellant.

Bernadette Lupinetti, Goshen, N.Y., for respondent.

Before: A. Gail Prudenti, P.J., Steven W. Fisher, Howard Miller, Plummer E. Lott, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

"Although this Court has adopted a liberal policy with respect to vacating defaults in matrimonial actions, it is still within the Supreme Court's discretion to determine whether a default should be vacated" (Ogazi v Ogazi, 46 A.D.3d 646). Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in denying...

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