Opinion
2010-02149 K C
11-17-2011
PMR Physical Therapy, P.C. as Assignee of Thelma Hasley, Appellant, v. Geico General Ins. Co., Respondent.
, J.P.
MICHAEL L. PESCE
MICHELLE WESTON, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to vacate an order of this court dated December 16, 2010, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered March 10, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is hereby,
ORDERED that the motion is denied.
The appeal was dismissed by order of this court dated December 16, 2010. The instant motion to vacate was interposed October 11, 2011, nearly ten months later. A motion to vacate dismissal requires that the movant establish a reasonable excuse for its default as well as a meritorious cause of action (CPLR 5015 [a]; see, Eugene DiLorenzo, Inc. v AC Dutton Lbr. Co., 67 NY2d 138 [1986]). Here, appellant attributes its default to "increased workload and arbitration appearances." Even if the court were to find the proffered excuse reasonable, appellant makes no reference whatsoever to the merits of the appeal.
ENTER:
Paul Kenny
Chief Clerk