Appeal from an order of the City Court of Yonkers, Westchester County (Thomas R. Daly, J.), entered March 28, 2012. The order denied defendant's motion to vacate a default judgment.

ORDERED that the order is affirmed, without costs.

In this action to recover for breach of a credit card agreement and upon an account stated, a default judgment was entered upon defendant's failure to appear or answer. In support of her motion to vacate the default judgment, defendant alleged that she had not been served properly. The City Court denied defendant's motion.Defendant's bald assertion that she was "not properly served" was insufficient to rebut the presumption of proper service raised by the affidavit of service (see CPLR 5015 [a] [4]; Carrenard v Mass, 11 AD3d 501 [2004]; Capital One Bank v Lundy, 16 Misc 3d 134[A], 2007 NY Slip Op 51512[U] [App Term, 2d & 11th Jud Dists 2007]). Even if defendant's motion is treated as one made pursuant to CPLR 317, defendant failed to demonstrate that she "did not personally receive notice of the summons in time to defend" the action (CPLR 317; see Carrenard, 11 AD3d at 501). We note that the exhibit [*2]annexed to appellant's brief is dehors the record, and may not be considered in evaluating the merits of this appeal (see Blum v Yuabov, 12 Misc 3d 139[A], 2006 NY Slip Op 51333[U] [App Term, 2d & 11th Jud Dists 2006]). Inasmuch as defendant failed to present a reasonable excuse for her default, defendant's motion to vacate the default judgment was properly denied (CPLR 5015 [a] [1]).

Accordingly, the order is affirmed.

Nicolai, P.J., LaSalle and Tolbert, JJ., concur.
Decision Date: August 08, 2013