Opinion
No. 570717/15.
10-01-2015
Daniel MUNOZ, Plaintiff, v. KITTYKIND, INC. and Catherine Christel, Defendants–Respondents.
Opinion
PER CURIAM.
Order (Nancy M. Bannon, J.), dated August 5, 2013, affirmed, with $10 costs.
A motion to vacate a dismissal for failure to appear at a scheduled conference (22 NYCRR 208.14[b] ) must be supported by a showing of a reasonable excuse for the failure to appear and a meritorious cause of action (see Travis v. Allstate Ins. Co., 12 Misc.3d 135[A], 2006 N.Y. Slip Op 51230 [U] [App Term, 1st Dept 2006] ). Even assuming that plaintiff showed a reasonable excuse for his failure to appear at the scheduled conference, there was no abuse of discretion in the denial of plaintiff's motion to vacate the default in view of his failure to provide any sworn affidavit or other evidentiary proof demonstrating a meritorious cause of action for replevin (see Biton v. Turco, 88 AD3d 519 2011 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.