Opinion
March 22, 1994
Appeal from the Supreme Court, New York County (Edith Miller, J.).
While the State respondent may have had a reasonable excuse for defaulting on the motion, its actions evidenced an intent not to have the controversy decided on the merits since it did not seek relief from the default until petitioner sought attorney's fees on reargument. (See, Matter of Glenbriar Co. v. New York City Conciliation Appeals Bd., 93 A.D.2d 510, 513.) The imposition of attorney's fees was proper where petitioner challenged the State respondent's determination which only granted her a new appointment to reapply for food stamps although she contested the initial denial as improper (CPLR 8601).
Concur — Sullivan, J.P., Wallach, Ross, Asch and Tom, JJ.