Pursuant to CPLR 5015(a)(1), a court may relieve a party from a judgment or order on the ground of excusable default, if a motion for that relief is made within one year after service of a copy of the judgment or order with written notice of entry. Even after expiration of the one-year limitations period set forth in the statute, a court may vacate its own judgment for sufficient reason and in the interests of substantial justice.
Here, the motion to vacate the default was untimely since it was not made within one year after service of a copy of the order with written notice of entry. There was no basis for an extension of the one-year period in the exercise of discretion, since the defendant failed to demonstrate a reasonable excuse for his lengthy delay in moving to vacate the default.
Bank of N.Y. Mellon v. Geffrard, NY Slip Op 01882 (2d Dep't April 12, 2023_
