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In the Matter of LONG ISLAND LIGHTING COMPANY, Respondent, v. ASSESSOR OF THE TOWN OF BROOKHAVEN et al., Respondents, and PORT JEFFERSON SCHOOL DISTRICT, Proposed Inter

Ordered that the order is affirmed, with costs to the petitioner-respondent.

To warrant vacatur of an order entered upon default, the movant must demonstrate that there was an excusable delay and a meritorious defense ( see, CPLR 5015 [a] [1]; Waaland v. Weiss, 228 A.D.2d 435). The Supreme Court providently "exercis[ed] its discretion in the interests justice" in excusing the petitioner's default resulting from law office failure (CPLR 2005). Furthermore, the petitioner demonstrated a meritorious defense to the motion of the Port Jefferson School District for leave to intervene as a party respondent ( see, Matter of Long Is. Light. Co. v. Assessor of Town of Huntington, 251 A.D.2d 331 [decided herewith]).

Bracken, J. P., Copertino, Santucci. Florio and McGinity, JJ., concur.

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MATTER of L.I. LTG. v. ASSESSOR, BROOKHAVEN
(Jun 1, 1998)