Spickerman v. State

Casey, J. (dissenting).

We respectfully dissent. We cannot agree with the majority’s conclusion that the State’s default should be excused. In Barasch v Micucci (49 NY2d 594, 599), the court held that in order to avoid dismissal for failure timely to serve a complaint pursuant to CPLR 3012 (subd [b]), the plaintiff must demonstrate a reasonable excuse for the delay and that the claim has legal merit. Similarly, in order to vacate a default judgment under CPLR 5015 (subd [a]), the defendant must also show a valid excuse and a meritorious defense (see, e.g., Matter of Hanover Sand & Gravel v New…