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Appellate Division, Second Department · September 23, 2026 · 2026 NY Slip Op 05402

Matter of Roe v D’Aguanno

Read the official decision: 2026 NY Slip Op 05402

Holding The Appellate Division affirmed the Family Court’s denial of the mother’s motion to vacate a default order granting the father residential custody. The court found that the mother failed to demonstrate a reasonable excuse for her failure to appear or a meritorious defense to the petition.

The court’s words

In order to vacate a default in appearing, a party must demonstrate a reasonable excuse for the failure to appear and a potentially meritorious defense to the relief sought in the petition

2026 NY Slip Op 05402, at the official text

the law favors resolution on the merits in child custody proceedings

2026 NY Slip Op 05402, at the official text

the general rule with respect to opening defaults in civil actions is not to be rigorously applied to cases involving child custody

2026 NY Slip Op 05402, at the official text

A custody determination, whether made upon the default of a party or not, must always have a sound and substantial basis in the record

2026 NY Slip Op 05402, at the official text

the mother failed to demonstrate a reasonable excuse for her default or a meritorious defense to the father's petition

2026 NY Slip Op 05402, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 23, 2026
Citation2026 NY Slip Op 05402
Area of lawFamily Law
WeekWeek ending September 26, 2026
Official textOfficial decision: 2026 NY Slip Op 05402
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id173

Recommended citation

ESQ HQ, New York Law Watch, Matter of Roe v D’Aguanno, 2026 NY Slip Op 05402 (Appellate Division, Second Department, September 23, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05402/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published September 23, 2026. Updated September 23, 2026.