Opinion
1717N, 1717NA
October 2, 2003.
Orders, Supreme Court, Bronx County (Dianne Renwick, J.), entered September 13, 2002 and March 4, 2003, which, inter alia, denied plaintiff's motion for a default judgment and granted defendant's cross motion seeking an extension to file his answer, unanimously affirmed, without costs.
John Marshall, for plaintiff-appellant.
Anne Marlow Moran, for defendant-respondent.
Before: Nardelli, J.P., Mazzarelli, Andrias, Saxe, Williams, JJ.
Under all the relevant circumstances, including defendant's proffer of a reasonable excuse for failing to answer the complaint, the motion court properly exercised its discretion in granting defendant an extension to serve his answer ( see CPLR 3012[d]; Mufalli v. Ford Motor Co., 105 A.D.2d 642, 643-644).
Motion seeking leave to strike brief denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.