JOSHUA RUBINFELD v. COUNTY OF SUFFOLK

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

In an order dated January 23, 2007, the Supreme Court granted the defendant's motion for summary judgment dismissing the complaint, without opposition from the plaintiff. In the order appealed from, the Supreme Court, inter alia, denied that branch of the plaintiffs motion which was to vacate that order. We affirm the order insofar as appealed from.

While the plaintiff arguably established a reasonable excuse for failing to oppose the summary judgment motion, he failed to demonstrate that he had a meritorious opposition to the motion ( see generally Simpson v Tommy Hilfiger U.S.A., Inc., 48 AD3d 389). In that regard, we note that the plaintiff did not even attempt, in his motion to vacate his default, to establish that he had a meritorious cause of action.

In light of our determination, we need not reach the plaintiffs remaining contentions.