Opinion
September 25, 1995
Appeal from the Supreme Court, Nassau County (Kutner, J.).
Ordered that the appeal from the order dated June 22, 1994, is dismissed, as that order was superseded by the order dated December 1, 1994, made upon reargument; and it is further,
Ordered that the order dated December 1, 1994, is affirmed insofar as appealed from; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
The Supreme Court found that the proffered excuse of law office failure was not a reasonable excuse for the defendant's default. Under the circumstances of this case we discern no improvident exercise of discretion in the Supreme Court's rejection of this excuse (see, Fennell v Mason, 204 A.D.2d 599; Putney v Pearlman, 203 A.D.2d 333).
The defendant's remaining contentions are without merit. Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.