Appeal from an order of the Civil Court of the City of New York, Kings County (Noach Dear, J.), entered March 30, 2012. The order denied plaintiff's motion, in effect, to vacate an order of the same court entered January 10, 2012 which granted, upon plaintiff's default in opposing the motion, defendant's prior motion to dismiss the complaint.

ORDERED that the order is affirmed, without costs.

The Civil Court did not improvidently exercise its discretion in denying plaintiff's motion, in effect, to vacate an order granting, upon plaintiff's default in opposing the motion, defendant's prior motion to dismiss the complaint. Plaintiff failed to demonstrate that he had a reasonable excuse for failing to submit written opposition to the motion, and a potentially meritorious opposition to the motion (see CPLR 5015 [a] [1]; 1158 Props., LLC v 1158 McDonald, LLC, 104 AD3d 658 [2013]; Smyth v Getty Petroleum Marketing, Inc., 103 AD3d 790 [2013]; New Seven Colors Corp. v White Bubble Laundromat, Inc., 89 AD3d 701, 702 [2011]; Matter of Gambardella v Ortov Light., 278 AD2d 494, 495 [2000]; Drazek v Napoli, Bern, Ripka, LLP, 34 Misc 3d 156[A], 2012 NY Slip Op 50409[U] [App Term, 2d, 11th & 13th Jud Dists 2012]; see also Rice v Monroe, 34 Misc 3d 154[A], 2012 NY Slip Op 50383[U] [App [*2]Term, 1st Dept 2012]).

Accordingly, the order is affirmed.

Weston, J.P., Rios and Aliotta, JJ., concur.
Decision Date: December 03, 2013