Legal Opinion

Infante v. Curley

Appellate Division of the Supreme Court of the State of New York

Decided August 28, 2002PublishedCited by 1 opinion

1Opinion of the Court

The Supreme Court providently exercised its discretion by, in effect, denying the appellants’ motion to vacate the order dated August 20, 2002. The appellants failed to establish a reasonable excuse for their default or a meritorious claim (see Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138).

The appellants’ remaining contentions are either unpreserved for appellate review or without merit (see Matter of Boy-land v Board of Elections of City of N.Y., 122 AD2d 902, 903). Prudenti, P.J., Florio, McGinity, Crane and Cozier, JJ., concur.

2Cases cited2 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Boyland v. Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by1 opinion

  1. Baptiste v. EmmanuelAppellate Division of the Supreme Court of the State of New York · 2005