Opinion
March 13, 1998
Appeal from the Supreme Court, Onondaga County, Mordue, J. — Default Judgment.)
Present — Pine, J. P., Wisner, Callahan, Boehm and Fallon, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in denying the motion of plaintiff for a default judgment and granting the cross motion of defendant Jefferson-Lewis-Herkimer-Hamilton-Oneida BOCES (BOCES) to compel plaintiff to accept its late answer (see, CPLR 3012 [d]; Goracy v. Burns, Brooks McNeil, 155 A.D.2d 256; see also, Better v. Town of Schodack, 169 A.D.2d 965). Public policy favors the resolution of a case on the merits, and a court has broad discretion to grant relief from a pleading default if there is a showing of merit to the defense, a reasonable excuse for the delay and it appears that the delay did not prejudice the other party (see, Lichtman v. Sears, Roebuck Co., 236 A.D.2d 373; Davies v. Contel of N.Y., 155 A.D.2d 809, 810). The affidavit submitted by BOCES establishes a meritorious defense and that the default was caused by a "bureaucratic error [that] was not willful" (Curtis v. Town of Clinton, 138 A.D.2d 445). Further, plaintiff has suffered no demonstrable prejudice from the four-month delay.
Finally, the contention of BOCES that it was not properly served is without merit (see, Best v. City of New York, 101 A.D.2d 847; Mariano v. Steinberg, 87 A.D.2d 606).