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CAROL B. GILMORE, RESPONDENT, v. ROY GILMORE, APPELLANT.

DECISION ORDER

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

The defendant's motion to vacate a prior order of preclusion was untimely since it was brought approximately three years after the order with notice of entry was served on him (see, CPLR 5015[a]). In addition, the defendant failed to provide a reasonable excuse for the default (see, Blackman v. Blackman, 131 A.D.2d 801; Spatz v. Bajramoski, 214 A.D.2d 436).

The defendant's remaining contentions are without merit.

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GILMORE v. GILMORE
(Jan 16, 2001)