—[*1] Wade Clark Mulcahy, New York, N.Y. (Gabriel Darwick and John J. Mulcahy of counsel), for appellant.

Goldberg Segalla, LLP, Garden City, N.Y. (Brendan T. Fitzpatrick of counsel), for respondents.

In a consolidated action to recover damages for personal injuries, the defendant Sasco Construction Co., Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Gavrin, J.), entered January 30, 2012, as, upon reargument, in effect, adhered to its determination in an order dated December 1, 2011, in effect, denying, as untimely, its motion to vacate a prior order of the same court (Flaherty, J.), dated October 16, 2009, which granted, without opposition, the motion of the defendants U.S.A. General Contractors Corp. and Dormitory Authority of the State of New York for leave to enter a default judgment on their cross claims against it.

Ordered that the order entered January 30, 2012, is affirmed insofar as appealed from, with costs.

On this appeal, the appellant asserts that its motion to vacate its default should have been granted in the interest of justice. We disagree. The Supreme Court did not, under the circumstances of this case, improvidently exercise its discretion in denying the appellant's motion to vacate the order dated October 16, 2009. Skelos, J.P., Balkin, Lott and Miller, JJ., concur.