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KRISZTIN v. STATE OF N.Y

Appellate Division of the Supreme Court of New York, Second Department.
Nov 28, 2006

Ordered that the order is affirmed, with costs.

In moving to vacate the order granting the defendant's motion to dismiss his claim, the claimant was required to establish both a reasonable excuse for his default and a meritorious claim ( see CPLR 5015 [a] [1]; Blumberg v State of New York, 208 AD2d 581). The claimant failed to demonstrate that he has a potentially meritorious claim. Accordingly, the Court of Claims providently exercised its discretion in denying the claimant's motion.