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MATTER OF AIU INSURANCE COMPANY v. FERNANDEZ

281 A.D.2d 542 (2001)

721 N.Y.S.2d 840

In the Matter of AIU INSURANCE COMPANY, Respondent, v. JERRY FERNANDEZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 19, 2001.

Ordered that the order is affirmed, with costs.

To vacate the order entered upon his default in appearing in opposition to the petition to permanently stay arbitration, the appellant was obligated to establish both a reasonable excuse for the default and the existence of a meritorious defense (see, CPLR 5015 [a] [1]; Presbyterian Hosp. v New York Cent. Mut. Ins. Co., 277 A.D.2d 299; McGee v McAleer, ...

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