MATTER of L.I. LTG. v. ASSESSOR, BROOKHAVEN

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.