During divorce proceedings, which commenced in 2014, defendant-husband relocated to a former marital property in North Carolina. In April 2017, after the court granted plaintiff-wife a divorce, defendant chose to represent himself for the remainder of the trial on financial issues which was scheduled to begin on August 8, 2017. Supreme Court denied defendant's repeated requests for an adjournment. On July 24, 2017, the court directed defendant to submit an affidavit from his treating physician to support the claim that his medical condition prevented him from proceeding to trial. On August 4, 2017, defendant submitted a note from a physician's assistant at a North Carolina healthcare center stating that he had preexisting medical conditions, including seizures, and that he had been advised to avoid stressors that could trigger seizures, such as travel, pending testing and further evaluation. When defendant failed to appear for trial, Supreme Court determined him to be in default and held an inquest. After the inquest, a judgment of divorce was entered, memorializing the court's decision. Defendant moved to vacate the judgment.
While the motion court did not dispute defendant's medical issues, it observed that defendant was able to participate in the proceedings from June 2016 to August 2017 and that there were no changes in his condition that would render him unable to attend trial as scheduled. Although defendant's new North Carolina care team recommended that he avoid stressors, defendant was not affirmatively told not to travel. Moreover, the care team only began treating defendant after he had repeatedly sought adjournments. There is no basis to disturb the determination that defendant was using his preexisting medical condition to prolong the proceedings. Denial of defendant's motion is affirmed.
Wilson v. Wilson, NY Slip Op 00389 (1st Dep't January 25, 2022)
