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BARRERA v. HANDLER

290 A.D.2d 476 (2002)

736 N.Y.S.2d 249

ALFONSO DE LA BARRERA, Respondent, v. RITA HANDLER et al., Defendants, and SAMUEL ROTH, Appellant.

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

Decided January 22, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The branch of the appellant's motion which was pursuant to CPLR 5015 to vacate a judgment entered on his default, or pursuant to CPLR 317 to open his default, was untimely because it was not made within one year of service upon him of a copy of the default judgment with notice of entry (see, CPLR 317, 5015 [a] [1]). In any event, the Supreme Court properly exercised its discretion in denying...

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