Opinion
November 17, 1967
Appeal by the defendant from an order denying his motion to set aside a default judgment. Special Term refused to reopen the default upon the ground that the defendant's affidavit did not show excusable neglect and upon the further ground that there was no demonstration of a meritorious defense and the record does not require any interference by us with its discretion in such matters. The matters urged by the defendant in regard to the propriety of the entry of judgment by the clerk have been considered and found to be without merit. Order affirmed, with $25 costs. Herlihy, J.P., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Herlihy, J.P.