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STATE STREET BANK AND TRUST COMPANY, ETC., APPELLANT, v. NORRIS E. FRANCIS, ETC., ET AL., RESPONDENTS.

ORDERED that the order is affirmed, with costs payable to the respondents Norris E. Francis and Patricia Francis.

The plaintiff failed to move for leave to enter judgment within one year following the respective defaults of the defendants in answering the complaint (see, CPLR 3215[c]), and failed to offer a reasonable excuse for the delay of almost five years in making such a motion (see, Opia v. Chukwu, 278 A.D.2d 394; Korea Exch. Bank v. Attilio, 186 A.D.2d 634). Accordingly, the Supreme Court providently exercised its discretion in denying the plaintiff's motion and dismissing the complaint (see, CPLR 3215[c]; Demery v. City of New York, 149 A.D.2d 405; De Vito v. Marine Midland Bank, 100 A.D.2d 530; Grosso v. Hauck, 99 A.D.2d 750).

We have not considered the papers submitted in connection with the plaintiff's motion for reargument, which motion was denied, as they are not properly part of the record on this appeal.

GOLDSTEIN, J.P., FRIEDMANN, FEUERSTEIN and CRANE, JJ., concur.

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STATE STREET BANK AND TRUST CO. v. FRANCIS
(Jun 4, 2001)