Opinion
2002-1750 N C.
Decided November 20, 2003.
Appeal by defendant, as limited by his brief, from so much of an order of the District Court, Nassau County (S. Jaeger, J.), entered October 11, 2002, as granted his motion to vacate the default judgment upon the condition that the judgment stand as security pending further order of the court.
Order unanimously affirmed without costs.
PRESENT: DOYLE, P.J., WINICK and SKELOS, JJ.
Inasmuch as CPLR 5015 (a) provides express authority for the court to vacate a default "upon such terms as may be just", we find under the circumstances presented that the court below acted well, within its discretion by vacating the default upon the condition that the judgment stand as security pending further order of the court.