Appeal from a judgment of the Supreme Court (Hughes, J.), entered March 5, 1998 in Schoharie County, which denied defendant’s motion to vacate a default judgment of separation.
The parties were married in February 1965 and have three
A court has the inherent power to vacate a default judgment, in the interest of justice, even after the expiration of the one-year period set forth in CPLR 5015 (a) (1) (see, Matter of Abbott v Conway,
Defendant maintains that his default was excusable because he was physically unable to appear, could not afford legal representation and did not understand the consequences of the summons. The record provides ample basis for Supreme Court’s rejection of these excuses. Defendant’s medical evidence establishes neither that he was unable to appear or defend against plaintiff’s claims, nor that any alleged medical condition prevented him from moving to vacate the default judgment at an earlier date. Defendant’s claim that he was financially unable to retain counsel was also unpersuasive as he offered no proof of his financial incapabilities, other than his own self-serving assertions (see, Rottenberg v Lerner,
Also unconvincing is defendant’s contention that Supreme Court’s distribution of the marital property was unconscionable because plaintiff was given exclusive possession of the
Mikoll, J. P., Crew III, Carpinello and Graffeo, JJ., concur. Ordered that the judgment is affirmed, without costs.
