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CPLR 3215(c) requires that a plaintiff "commence proceedings for a default judgment within one year after the default or demonstrate sufficient cause why the complaint should not be dismissed." Here, Judge Wheelan, declined to dismiss a foreclosure complaint that ran afoul with CPLR 3215(c). The complaint was filed by the now defunct Countrywide in 2009. Counsel for the bank's predecessor-in-interest moved for an Order of Reference (the first step towards a default judgment in a foreclosure) in August 2013. Judge Wheelan finds that Countrywide had a reasonable excuse for its delay in moving for a default judgment, and attributed the delay to "various administrative enactments and administrative rules" that have "dramatically slowed the pace of residential foreclosure." This case is binding authority on other courts. I have observed that Judge Whelan's published decisions are consistently bank friendly, and Judge Whelan has been openly critical of the administrative rules enacted by the Office of Court Administration to protect homeowners in foreclosure.
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