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Federation of Puerto Rican Organizations of Brownsville, Inc. v. Mateo

235 A.D.2d 326 Court N.Y. App. Div. Decision date 1997-01-23 English

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p. 326
Federation of Puerto Rican Organizations of Brownsville, Inc., et al., Respondents, v Heriberto Mateo et al., Appellants.
[652 NYS2d 954]

Appeal from order, Supreme Court, New York County (Ira Gammerman, J.), entered April 4, 1996, which denied defendants’ motion to reargue, denominated a motion to vacate a default, unanimously dismissed as taken from a nonappealable order, without costs.

p. 327
Although denominated a motion to vacate a default, defendants’ motion was, in actuality, one to reargue the prior order that had conditionally struck their answer pursuant to CPLR 3126 (3), rendering the instant order nonappealable (see, Berman v Szpilzinger, 180 AD2d 612 ). In any event, if we were to review, we would find that defendants provided neither a reasonable excuse for their failure to comply with the conditional order nor an affidavit of merit by one with personal knowledge of the facts (see, Becerril v Skate Way Roller Rink, 184 AD2d 365 , 366). Concur—Williams, J. P., Tom, Mazzarelli and Andrias, JJ.

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