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Justice Bernice D. Siegal

 

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Flagstar Bank moved for an order vacating a prior court order dismissing this action and for restoration of same to the court’s calendar. Bank previously moved for an order of reference and subsequently sought to withdraw the motion—submitted more than one year after Moore’s default. Bank’s subsequent motions—for an order of reference and a default judgment—were denied for failing to proffer a reasonable excuse for its delay in moving for a default judgment and the court dismissed the action. Bank cited HSBC Bank USA v. Grella, to support its proposition that pending CPLR 3408 settlement conferences was a reasonable excuse for its delay in moving for an order of reference. The action was released from the settlement conference part May 30, 2012 and bank moved for the order of reference on March 6, 2013. Thus, there was nothing before the court supporting a conclusion bank intended to abandon the action. The court stated the record established bank moved for the order within one year of being released from the conference and the loan was then sold and assigned to a new party. Hence, bank established the merits of the complaint and its motion to vacate the dismissal was granted and matter restored.