Opinion
September 26, 1991
Appeal from the Supreme Court, Saratoga County (Brown, J.).
The only issue raised on this appeal is whether Supreme Court improperly conditioned vacatur of the default judgment entered against defendant C. Bradford Irvine upon the filing of an undertaking. In rejecting Irvine's argument that the court's decision was in error, we note that it was within the court's discretion to grant the vacatur motion on such terms and conditions as it deemed fair including the imposition of an undertaking (see, Rubin v. Payne, 103 A.D.2d 946, appeal dismissed 64 N.Y.2d 754). Although Irvine urges that he is financially unable to obtain a bond and therefore will be deprived of his day in court, the record fails to substantiate his claim of indigency. His other arguments concerning the undertaking are similarly without support in the record. Under the circumstances, we find no abuse of discretion by the court in requiring an undertaking (see, supra).
Mahoney, P.J., Casey, Mikoll, Levine and Harvey, JJ., concur. Ordered that the order is affirmed, with costs.