MASTRO v. MASTRO

On the court's own motion, appellant's notice of appeal is treated as an application for leave to appeal, said application is referred to Presiding Justice Mollen, and leave to appeal is granted by Presiding Justice Mollen.

Order affirmed, with costs.

Respondent's moving papers support a finding of excusable default and the existence of a meritorious defense. Accordingly, the motion to vacate respondent's default was properly granted. Mollen, P.J., Gibbons, Brown, Niehoff and Eiber, JJ., concur.