N.Y. Civil Practice Law & Rules § 2005: Excusable delay or default

§ 2005. Excusable delay or default. Upon an application satisfying the

requirements of subdivision (d) of section 3012 or subdivision (a) of

rule 5015, the court shall not, as a matter of law, be precluded from

exercising its discretion in the interests of justice to excuse delay or

default resulting from law office failure.