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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46461 Justice Alpert THE COURT denied respondent’s application to renew pursuant to Civil Practice Law and Rules �5015(a)(1). Citing North v. Ostrow, it held the application to be an untimely attempt to vacate an order entered upon default. Noting the Dec. 19, 1997 service of the order of default, with notice of entry, on respondent’s attorney, the court found that the time for relief under �5015(a)(1) expired one year after service. It additionally concluded that neither a reasonable excuse for the default nor a meritorious claim were advanced. The court noted that movant respondent’s counsel failed to demonstrate the establishment of and adherence to a stable, routine office procedure regarding the receipt of legal documents by mail so as to support the claim that an underlying petition to stay arbitration had not been received. It also observed that the attorney failed to pursue and prosecute claims in the arbitral forum for more than six years.

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