HE WAS PRESENT WHEN JUDGE SCHEDULED DATE AND RECEIVED REMINDER NOTICES
When E.G.M. failed to appear at a Bronx County Family Court hearing, the judge entered a two-year order of protection against him on default.
When he later tried to undo or vacate that order, the judge denied his motion. And on appeal, the Appellate Division, First Department, concurred with that denial.
Even though his lawyer mis-calendared the date (believing it would be held on February 12, rather than on January 12), since E.G.M. was present when the judge scheduled the hearing, and because he received notices to appear, which were sent to him by e-mail and regular mail, the AD1 didn’t think the guy had offered a “reasonable excuse under the circumstances.”
Were his days numbered?
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DECISION