| Valentin v City of New York |
| 2010 NY Slip Op 03911 [73 AD3d 755] |
| May 4, 2010 |
| Appellate Division, Second Department |
| Ramona Valentin, Respondent, v City of New York,Defendant, and Steven Barreto, Appellant. |
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In an action to recover damages for personal injuries, the defendant Steven Barreto appealsfrom an order of the Supreme Court, Kings County (Miller, J.), dated October 7, 2009, whichdenied his motion pursuant to CPLR 5015 (a) to vacate an order of the same court dated April16, 2008, granting the plaintiff's unopposed motion for leave to enter judgment against him uponhis failure to appear or answer.
Ordered that the order is affirmed, with costs.
The appellant's motion pursuant to CPLR 5015 (a) (1) to vacate an order dated April 16,2008, granting the plaintiff's unopposed motion for leave to enter judgment against him wasproperly denied, as it was not made within one year after service of a copy of the order withnotice of entry (see Matter of PutnamCounty Natl. Bank v JP Morgan Chase Bank N.A., 57 AD3d 677, 678 [2008]; Malik v Noe, 54 AD3d 733, 734[2008]; Levine v Berlin, 46 AD2d 902 [1974]). Furthermore, the Supreme Courtprovidently exercised its discretion in not extending the time period, since the appellant failed todemonstrate a reasonable excuse for his delay in moving to vacate the order (see Hosten v Oladapo, 44 AD3d1006, 1007 [2007]; Katz vPerl, 22 AD3d 806, 807 [2005]), and failed to demonstrate a reasonable excuse for hisfailure to answer the complaint (see CPLR 5015 [a] [1]; Matter of Nieto, 70 AD3d 831[2010]; Dorrer v Berry, 37 AD3d519 [2007]; Awad v Severino, 122 AD2d 242 [1986]; Passalacqua v Banat,103 AD2d 769 [1984]). Fisher, J.P., Covello, Balkin, Leventhal and Lott, JJ., concur.