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DIME SAVINGS BANK OF NEW YORK v. ANZEL

Appellate Division of the Supreme Court of New York, Second Department.
Oct 15, 1996

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

The court providently exercised its discretion in granting the plaintiffs motion to settle an order effectuating the court's purported oral February 25, 1993 decision beyond the 60-day period provided by 22 NYCRR 202.48 (a) ( see, 22 NYCRR 202.48 [b]; Thompson v Aim Rent-Car, 227 AD2d 614). The plaintiff showed that its counsel's failure to previously timely comply was due to inadvertently switching two index numbers.

In any event, the record is devoid of any indication that the appellant has a meritorious defense, and "[a] contrary result would not bring the `repose to court proceedings' * * * that 22 NYCRR 202.48 was designed to effectuate, and would waste judicial resources" ( Russo v City of New York, 206 AD2d 355, 356, quoting Hickson v Gardner, 134 AD2d 930, 931).