Opinion
April 12, 1999
Appeal from the Supreme Court, Westchester County (DiBlasi, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the defendant's motion to vacate the order entered upon its failure to timely serve an answer, given its failure to state an excusable delay and a meritorious defense ( see, CPLR 5015 [a] [1]; Miles v. Blue Label Trucking, 232 A.D.2d 382; Fayet v. Fayet, 214 A.D.2d 534; Martyn v. Jones, 166 A.D.2d 508; Cooper Motor Leasing v. Data Discount Ctr., 125 A.D.2d 454).
O'Brien, J. P., Ritter, Joy and Altman, JJ., concur.