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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 23, 2026 |
| Citation | 2026 NY Slip Op 05402 |
| Area of law | Family Law |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05402 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 173 |
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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