Opinion
Submitted February 21, 2001.
March 19, 2001.
In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Jerry Fernandez appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated March 3, 2000, which denied his motion to vacate a prior order of the same court, dated September 13, 1999, granting the petition and permanently staying arbitration upon his default in appearing.
Samuel Hirsch, New York, N.Y. (Paul Biedka of counsel), for appellant.
Samuel K. Rubin, Bethpage, N.Y. (Lawrence R. Miles of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
To vacate the order entered upon his default in appearing in opposition to the petition to permanently stay arbitration, the appellant was obligated to establish both a reasonable excuse for the default and the existence of a meritorious defense (see, CPLR 5015[a][1]; Presbyterian Hosp. v. New York Cent. Mut. Ins. Co.,; 277 A.D.2d 299 [2d Dept., Nov. 13, 2000]; McGee v. McAleer,; 277 A.D.2d 207 [2d Dept., Nov. 6, 2000]). The Supreme Court providently exercised its discretion in denying the appellant's motion, as he failed to demonstrate a reasonable excuse for his default (see, McGee v. McAleer, supra; U.S. Dental v. Hart Armonk Assocs.,; 277 A.D.2d 221 [2d Dept., Nov. 6, 2000]; Phillips, Nizer, Benjamin, Krim Ballon v. Matteo, 271 A.D.2d 422). In light of this conclusion, we need not consider whether the appellant established the existence of a meritorious defense (see, Phillips, Nizer, Benjamin, Krim Ballon v. Matteo, supra).