Delta Funding Corp. v. Khader

—In an action to foreclose a mortgage, the defendant Fausille F. Khader appeals from an order of the Supreme Court, Suffolk County (Seidell, J.), dated March 1, 2002, which granted the plaintiffs motion to vacate an order of the same court, dated April 4, 2000, dismissing the complaint, made upon the plaintiffs default in complying with a conditional order of the same court, dated November 24, 1997.

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, under the circumstances of this case, the Supreme Court providently exercised its discretion in vacating the…