Opinion
2002-05982
Submitted March 5, 2003.
March 31, 2003.
In an action to set aside a stipulation of settlement, the defendants appeal from an order of the Supreme Court, Queens County (LeVine, J.), dated May 10, 2002, which denied their motion to vacate an order of the same court, dated February 21, 2002, entered upon their default in opposing the plaintiff's motion to restore the action to the trial calendar.
Malapero Prisco, New York, N.Y. (Raymond J. Malapero of counsel), for appellants.
Mallilo Grossman, Flushing, N.Y. (Francesco Pomara, Jr., of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, THOMAS A. ADAMS, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Under the circumstances of this case the Supreme Court properly denied the defendants' motion to vacate their default (see Harper v. Edwards, 301 A.D.2d 627 [2d Dept, Jan. 27, 2003]; Correa v. Tscherne, 296 A.D.2d 476).
ALTMAN, J.P., SMITH, LUCIANO, ADAMS and COZIER, JJ., concur.