Matter of ELRAC, Inc. v Nashon Holder

Matter of ELRAC, Inc. v Holder 2006 NY Slip Op 05784 [31 AD3d 636] July 18, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 20, 2006

In the Matter of ELRAC, Inc., Doing Business as Enterprise Rent-A-Car, Respondent,
v
Nashon Holder, Appellant. Geico Insurance Company, Proposed Additional Respondent.

—[*1]

In a proceeding, inter alia, pursuant to CPLR article 75 to permanently stay arbitration of an uninsured motorist claim, Nashon Holder appeals from an order of the Supreme Court, Kings County (Kramer, J.), dated May 6, 2005, which denied his motion, in effect, to vacate a prior order of the same court dated December 3, 2004, entered upon his default, which granted the petition.

Ordered that the order is affirmed, with one bill costs.

The Supreme Court providently exercised its discretion in denying the appellant's motion, in effect, to vacate because the appellant's conclusory and unsubstantiated excuse of law office failure did not amount to a reasonable excuse for his failure to oppose the petition (see CPLR 5015 [a] [1]; Matter of Hye-Young Chon v Country-Wide Ins. Co., 22 AD3d 849 [2005]; Grezinsky v Mount [*2]Hebron Cemetery, 305 AD2d 542 [2003]; Eretz Funding v Shalosh Assoc., 266 AD2d 184, 185 [1999]). Florio, J.P., Santucci, Mastro, Rivera and Covello, JJ., concur.