CILINDRELLO v. RAYABIN

ORDERED that the order is affirmed, with costs.

A party seeking to vacate a default in appearing or answering must demonstrate a justifiable excuse for the default, and a meritorious defense (see CPLR 5015[a][1]; Gray v. B.R. Trucking Co., 59 N.Y.2d 649, 650; Miles v. Blue Label Trucking, 232 A.D.2d 382, 383; cf. Fidelity Deposit Co. of Md. Andersen Co., 60 N.Y.2d 693, 695). To justify his delay in answering the complaint, the defendant submitted his attorney's affirmation alleging that the delay was caused by the defendant's insurance carrier, which is insufficient to establish an excusable default (see Warn v. Choi-Lee, 291 A.D.2d 490; Hazen v. Bottiglieri, 286 A.D.2d 708; Miles v. Blue Label Trucking, supra).

The defendant's remaining contentions are either without merit or are improperly raised for the first time on appeal (see Bishop v. Bishop, 295 A.D.2d 382).

FLORIO, J.P., O'BRIEN, FRIEDMANN, ADAMS and CRANE, JJ., concur.