Opinion
May 27, 1994
Appeal from the Supreme Court, Kings County, Rigler, J.
Present — Pine, J.P., Lawton, Wesley, Callahan and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Under the circumstances of this case, the imposition of sanctions of $3,500 against defendant's attorney as a condition of relieving defendant from his default is warranted and is an appropriate exercise of Supreme Court's discretion (see, Folk v. State of New York, 185 A.D.2d 267, 268; Sasson v. Sasson, 134 A.D.2d 491, 492; Gabrelian v. Gabrelian, 108 A.D.2d 445, 447-448, appeal dismissed 66 N.Y.2d 741). The challenge to the propriety of the order striking defendant's answer is not properly before us because defendant did not appeal from that order (see, CPLR 5515; see also, Hecht v. City of New York, 60 N.Y.2d 57, 61).