| Matter of Putnam County Natl. Bank v JP Morgan Chase BankN.A. |
| 2008 NY Slip Op 09800 [57 AD3d 677] |
| December 9, 2008 |
| Appellate Division, Second Department |
| mIn the Matter of Putnam County National Bank,Respondent, v JP Morgan Chase Bank, N.A., Appellant. |
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In a turnover proceeding pursuant to CPLR 5225 (b) to direct JP Morgan Chase Bank, N.A., toturn over the sum of $8,062.50 to the petitioner, a judgment creditor of Capital ManagementConsultants, Inc., and Frederic Cohn, JP Morgan Chase Bank, N.A., appeals from an order of theSupreme Court, Putnam County (O'Rourke, J.), dated February 15, 2008, which denied its motionpursuant to CPLR 5015 (a) (1) to vacate a prior order of the same court dated October 27, 2006,granting the unopposed petition and directing it to turn over to the petitioner the sum of $8,062.50 heldin an account of the judgment debtor Capital Management Consultants, Inc., in partial satisfaction of theoutstanding judgment.
Ordered that the order dated February 15, 2008, is affirmed, without costs or disbursements.
The appellant admittedly received an order dated October 27, 2006, which was entered upon itsdefault in opposing the petition, as early as November 17, 2006, but did not move to vacate that order,on the ground of excusable neglect, until December 18, 2007. The appellant failed to demonstrate areasonable excuse for its lengthy delay in moving to vacate the order. Under all of the circumstances,the Supreme Court providently exercised its discretion in denying the appellant's motion, which wasmade more than one year after it obtained actual notice of the order granting the petition (seeCPLR 5015 [a] [1]; Malik v Noe,54 AD3d 733 [2008]; Allen v Preston, 123 AD2d 303 [1986]). Skelos, J.P., Ritter,Dillon, Carni and Leventhal, JJ., concur.