CAPUTO v. PETON

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

To vacate his default, the defendant Angelo J. Sciannameo was required to demonstrate both a reasonable excuse for his default and a meritorious defense ( see CPLR 5015 [a] [1]; Santiago v. New York City Health Hosps. Corp., 10 AD3d 393; Spells v. AP Supermarkets, 253 AD2d 422). It is within the discretion of the Supreme Court, in the interest of justice, to excuse default resulting from law office failure ( see CPLR 2005). However, under the circumstances of this case, Sciannameo's excuse of law office failure was not reasonable ( see Kyriacopoulos v. Mendon Leasing Corp., 216 AD2d 532, 533; see also Weitzenberg v. Nassau County Dept. of Recreation Parks, 282 AD2d 741, 741-742). Moreover, Sciannameo failed to offer any excuse for neglecting to oppose the plaintiff's motion for leave to enter judgment based upon the default ( see Kyriacopoulos v. Mendon Leasing Corp., supra). Under the circumstances, the Supreme Court providently exercised its discretion in declining to vacate Sciannameo's default.