It is possible. You may still be able to serve the motion papers on him at the address that he accepted service of the Summons and/or Complaint. However, if he shows up to the hearing and opposes the motion, the judge may dismiss the motion based on the expiration of the time period allowing a Motion for Default Judgment.
A Motion for Default Judgment is not an easy thing to do without an attorney. Whether it be this firm or another firm, you will be well-served to discuss your matter with a New York litigation attorney in a confidential forum as soon as possible.
Unless the rules are different in divorce cases, generally a case is deemed abandoned and dismissed if a motion for default not filed within 1 year of service. Check with the Clerk's Office.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
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Defaults must be filed within one year of service. You may need to have him served again. Also he needs to be served personally, in hand. If he wasn't the first time you will not get a default. If you do not know his whereabouts now you will need to file a motion to serve by publication. This is complicated. You need to contact a local attorney.
Howard E. Knispel, Esq.
The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589
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