Opinion
February 19, 1991
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the appeal from the order entered June 23, 1989, is dismissed, as that order was superseded by the order entered September 22, 1989, made upon reargument; and it is further,
Ordered that the order entered September 22, 1989, is affirmed insofar as appealed from; and it is further,
Ordered that the respondent is awarded one bill of costs.
The decision as to the setting aside of a default in appearing and answering is generally left to the sound discretion of the Supreme Court (see, Ehmer v Modernismo Publs., 120 A.D.2d 483, 484), the exercise of which will generally not be disturbed if there is support in the record therefor (see, Machnick Bldrs. v Grand Union Co., 52 A.D.2d 655; see also, Eichen v George B. Jr. Realty, 154 A.D.2d 428). In the instant case, although the defendant presented a reasonable excuse for its default, the record supports the Supreme Court's determination that it had failed to show the existence of any meritorious defense. Accordingly, the vacatur of the default was properly denied (see, Matter of State of New York v Wiley, 117 A.D.2d 856; see also, Canter v Mulnick, 60 N.Y.2d 689). "We do not agree with the defendant that in view of the brevity of the default * * * an affidavit of merits was not required" (Abrams v Abrams, 56 A.D.2d 775). Bracken, J.P., Kooper, Harwood and Balletta, JJ., concur.