McFADDEN v. BATTAGLIA

Ordered that the order is affirmed, with costs.

As a general rule, a default will be vacated and a late answer will be permitted and deemed timely served where a defendant can show that there is some merit to his defense and that there is some reasonable excuse for the delay in serving an answer (Matter of State of New York v Wiley, 117 A.D.2d 856; Maze v Di Bartolo, 97 A.D.2d 815). Here, the defendant has not met this burden. Not only has he failed to show that he has a meritorious defense, but he has also failed to offer any explanation for his default. Sullivan, J.P., Harwood, Balletta and Miller, JJ., concur.