OCEAN INDEPENDENT BANK v. TYRNAUER

Ordered that the orders are affirmed, with one bill of costs.

We find that the default was deliberate and was not validly explained. Although ongoing settlement negotiations may constitute a valid excuse for a defendant's failure to timely serve an answer (see, Pettinato v. Sunscape At Bay Shore Home Owners Assn., 97 A.D.2d 434), it does not appear from this record that there were ongoing settlement negotiations between the parties, nor was any extension of time to answer granted by the plaintiff's attorney. Thompson, J.P., Kunzeman, Lawrence and Miller, JJ., concur.