Opinion
March 29, 2000.
Appeal from Order of Supreme Court, Chautauqua County, Gerace, J. — Default Judgment.
PRESENT: PIGOTT, JR., P. J., GREEN, WISNER, SCUDDER AND KEHOE, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied plaintiff's motion for a default judgment based on defendant's delay in appearing in the action in response to plaintiff's summons with notice and properly granted defendant an extension of time to file a notice of appearance and demand for the complaint ( see, CPLR 3012 [d]). Defendant provided a reasonable excuse for the brief delay and established a meritorious defense to the complaint, plaintiff was not prejudiced by the delay, and public policy favors the resolution of cases on their merits ( see, Kaiser v. Delaney, 255 A.D.2d 362; Cleary v. East Syracuse-Minoa Cent. School Dist., 248 A.D.2d 1005; Pollack v. Eskander, 191 A.D.2d 1022, 1023, appeal dismissed 81 N.Y.2d 1067).