IN RE OF MACIAS

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, and the order dated June 2, 2003, is vacated.

A court may vacate a default where the moving party demonstrates both a reasonable excuse for the default and the existence of a meritorious defense ( see CPLR 5015 [a] [1]; Ray Realty Fulton, Inc. v. Kwang Hee Lee, 7 AD3d 772; Orwell Bldg. Corp. v. Bessaha, 5 AD3d 573; Quis v. Bolden, 298 AD2d 375). The appellant's attorney submitted sufficient evidence to substantiate his explanation for his failure to timely submit the papers in opposition to the petition ( see CPLR 2005). Furthermore, the appellant demonstrated a meritorious defense to the petition to compel payment of the judgment ( see Insurance Law § 5208 [a] [3]; Matter of McCray v. Motor Veh. Acc. Indem. Corp., 232 AD2d 948; Matter of Wilcox v. Motor Veh. Acc. Indem. Corp., 187 AD2d 909; Sain v. Forrest, 130 AD2d 733). Accordingly, the Supreme Court should have granted the motion to vacate an order granting the petition entered upon its default in opposing the petition.