Opinion
March 18, 1991
Appeal from the Supreme Court, Westchester County (Ruskin, J.).
Ordered that the order is affirmed, with costs.
The default judgment was properly vacated. Since the defendant's timely demand for a complaint extended his time to appear until 20 days after service of the complaint, and the complaint was never served, the defendant was never in default (see, CPLR 3012 [b]).
On this record, it is also clear that the Supreme Court did not improvidently exercise its discretion in dismissing the action pursuant to CPLR 3012 (b). Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.