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Long Is. Light. Co. v Nixon
2007 NY Slip Op 50248(U) [14 Misc 3d 137(A)]
Decided on February 7, 2007
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 7, 2007
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., McCABE and TANENBAUM, JJ
2006-422 S C.

Long Island Lighting Company d/b/a LIPA, Respondent,

against

William Nixon, Defendant, -and- Barbara Nixon Appellant.


Appeal from an order of the District Court of Suffolk County, Fourth District (Gigi A. Spelman, J.), dated December 12, 2005. The order denied defendant Barbara Nixon's motion to vacate a default judgment.


Order affirmed without costs.

In this action for unpaid utility bills, defendant Barbara Nixon failed to appear for trial. The affidavit of the process server set forth that service was made at 31 Floyd Road North, Shirley, N.Y. 11967. This is the address at which defendant Barbara Nixon concedes she lives. Accordingly, defendant Barbara Nixon's allegation in her motion to vacate the default judgment that service was sent to the wrong address is without merit. Consequently, her motion was properly denied.

Rudolph, P.J., and Tanenbaum, J., concur.

McCabe, J., taking no part.
Decision Date: February 7, 2007