Opinion
2002-09022
Argued May 6, 2003.
June 23, 2003.
In an action pursuant to Insurance Law § 5106, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Phelan, J.), dated August 8, 2002, as denied its cross motion to vacate a judgment entered upon its failure to appear or answer the complaint.
Lawrence N. Rogak, LLC, Oceanside, N.Y. (Rhonda H. Barry of counsel), for appellant.
Joseph Henig, P.C., Bellmore, N.Y., for respondents.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, SONDRA MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the defendant's motion to vacate a judgment entered upon its failure to appear or answer the complaint because it did not provide a reasonable excuse for failing to timely answer the complaint and it exhibited a pattern of neglect subsequent to the entry of the default judgment (see Incorporated Vil. of Hempstead v. Jablonsky, 283 A.D.2d 553; Matter of Gambardella v. Ortov Light., 278 A.D.2d 494; Parker v. City of New York, 272 A.D.2d 310).
RITTER, J.P., SMITH, S. MILLER and ADAMS, JJ., concur.