| Mejia-Ortiz v Inoa |
| 2010 NY Slip Op 02025 [71 AD3d 517] |
| March 16, 2010 |
| Appellate Division, First Department |
| Ramon Mejia-Ortiz, Appellant, v Gavin R. Inoa et al.,Respondents. |
—[*1] Barnett & Walter, LLP, Garden City (Jay M. Weinstein of counsel), forrespondents.
Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered September 30,2009, which denied plaintiff's CPLR 3215 motion for a default judgment as against defendantSantos Brown-Grey and dismissed the complaint with prejudice, unanimously affirmed, withoutcosts.
Plaintiff failed to take proceedings for the entry of judgment within one year after thedefault. Defendant Brown-Grey was purportedly served with the summons and complaint via theSecretary of State on January 23, 2007 (see Vehicle and Traffic Law § 253).Accordingly, defendant's last day to answer was February 22, 2007 (see CPLR 3012 [c])and the default occurred the following day, February 23, 2007. Plaintiff moved for a defaultjudgment against defendant Brown-Grey by notice of motion dated July 13, 2009. Thus, bymoving almost 2½ years after the default, plaintiff failed to take proceedings for the entryof judgment within one year after the default (see Butindaro v Grinberg, 57 AD3d 932, 932-933 [2008]; Kay Waterproofing Corp. v Ray RealtyFulton, Inc., 23 AD3d 624, 625 [2005]; Skeete v Bell, 292 AD2d 371 [2002]).
We find that the motion court did not improvidently exercise its discretion in finding thatplaintiff failed to demonstrate a reasonable excuse for his delay (see Opia v Chukwu,278 AD2d 394 [2000]). Counsel's explanation for the delay in moving for the default is that hisoffice staff failed to track the case properly. In addition, there was no submission of a personalaffidavit of [*2]merit or verification of the complaint by plaintiff(see CPLR 3215 [f]; Beltre vBabu, 32 AD3d 722 [2006]; Feffer v Malpeso, 210 AD2d 60 [1994]).Concur—Friedman, J.P., Catterson, McGuire, Acosta and Renwick, JJ.