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IN THE MATTER OF AIU INSURANCE COMPANY, RESPONDENT, v. JERRY FERNANDEZ, APPELLANT.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

To vacate the order entered upon his default in appearing in opposition to the petition to permanently stay arbitration, the appellant was obligated to establish both a reasonable excuse for the default and the existence of a meritorious defense (see, CPLR 5015[a][1]; Presbyterian Hosp. v. New York Cent. Mut. Ins. Co.,; 277 A.D.2d 299 [2d Dept., Nov. 13, 2000]; McGee v. McAleer,; 277 A.D.2d 207 [2d Dept., Nov. 6, 2000]). The Supreme Court providently exercised its discretion in denying the appellant's motion, as he failed to demonstrate a reasonable excuse for his default (see, McGee v. McAleer, supra; U.S. Dental v. Hart Armonk Assocs.,; 277 A.D.2d 221 [2d Dept., Nov. 6, 2000]; Phillips, Nizer, Benjamin, Krim Ballon v. Matteo, 271 A.D.2d 422). In light of this conclusion, we need not consider whether the appellant established the existence of a meritorious defense (see, Phillips, Nizer, Benjamin, Krim Ballon v. Matteo, supra).

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MATTER OF AIU INSURANCE CO. v. FERNANDEZ
(Mar 19, 2001)