Due to the COVID-19 pandemic and the consequent shutdown of in-court operations, petitioner did not serve its opposition by March 27 and the April 7 argument did not take place. However, pursuant to Administrative Order AO/115/20 of Chief Administrative Judge Marks dated May 28, 2020, petitioner's attorney prepared, served and filed an affirmation in opposition dated June 3, 2020, through the new temporary "EDDS" (Electronic Document Delivery System) in which he argues that respondent's supplemental papers in support of the order to show cause are untimely, are improper in form and should not be considered by the court. Petitioner also argues that respondent has failed to demonstrate the requisite excusable default and a meritorious defense required under CPLR 5015 (a) (1) for vacatur of a default judgment. Further, petitioner argues that respondent should not be permitted to file a late answer and that she is not entitled to discovery.{**68 Misc 3d at 1035}
In addition to a rent ledger and respondent's most recent lease, petitioner attaches to its opposition papers a copy of respondent's 2019 "HUD 50059" form, which, similar to the ones respondent provided for the years 2016, 2017 and 2018, lists her son Terry Wainsai as the sole other member of her household.