Opinion
September 13, 1962
Appeal from the Oneida County Court.
Present — Williams, P.J., Bastow, Goldman, Halpern and Henry, JJ.
Order unanimously reversed, without costs of this appeal to either party, and motion denied, without costs. Memorandum: The defendant has failed to show that his default was the result of mistake, inadvertence, surprise, or excusable neglect. ( Kurtz v. Wilder, 284 App. Div. 1051; General Aniline Film Corp. v. Rembrandt Graphic Arts Co., 281 App. Div. 1028.) Further, the motion was not timely. (Civ. Prac. Act, § 108.)