Opinion
200492 KC
Decided March 31, 2005.
Appeal by defendant from an order of the Civil Court, Kings County (B. Balter, J.), entered on April 4, 2003, which denied her motion to vacate a default judgment.
Order unanimously affirmed without costs.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
In an order dated March 12, 1996, the court below granted defendant's prior motion seeking vacatur of a default judgment on condition that she serve an answer upon plaintiff or its attorneys and file proof of service of said answer with the court on or before April 15, 1996. It is uncontroverted that defendant did not comply with the conditions set forth in said order. The order further provided that in the event that defendant failed to comply with the terms of the order, the judgment would stand in full force and effect.
Approximately seven years later, defendant moves for the same relief to vacate the default judgment. She raises the same arguments as she raised in the earlier motion. Defendant proffers no reasonable excuse for her failure to comply with the lower court's order directing her to serve and file an answer on or before April 15, 1996. Moreover, the defenses raised by defendant in her brief on appeal are dehors the record and will not be considered on this appeal ( see Katz v. Rodolfo Valentin Salon, 3 Misc 3d 126[A], 2004 NY Slip Op 50312[U] [App Term, 9th 10th Jud Dists]). Accordingly, defendant's motion was properly denied.