Cefala v. Basila

—• Appeal from an order of the County Court of Schenectady County (Stroebel, Jr., J.), entered December 7, 1982, which granted plaintiffs’ motion for an extension of time in which to serve a reply to the counterclaim contained in defendants’ answer. Defendants maintain that, pursuant to Barasch v Micucci (49 NY2d 594), County Court abused its discretion in granting plaintiffs’ motion since the only excuse offered for their failure to timely serve their reply falls into the category of law office failure. Where, as here, however, the defaulting party moves for an extension.of time pursuant to…