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MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. KING

304 A.D.2d 390 (2003)

756 N.Y.S.2d 752

In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, v. CECIL KING, Appellant.

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

Decided April 10, 2003.

While the motion court purported to deny renewal and reargument, it appears that the merits of the motion were addressed and that the court, in effect, granted reargument and renewal, even though it ultimately adhered to its original determination (see Freitas v New York City Tr. Auth., 297 A.D.2d 270 [2002]).

The denial of vacatur was a proper exercise of discretion in light of the unexplained delay of nearly three years...

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