Opinion
October 4, 1993
Appeal from the Supreme Court, Westchester County (Gurahian, J.).
Ordered that the appeal from the order entered June 13, 1991 is dismissed; and it is further,
Ordered that the appeal from the judgment is dismissed, as the judgment was superseded by the order dated October 25, 1991, made upon reargument; and it is further,
Ordered that the order dated October 25, 1991, is affirmed insofar as reviewed; and it is further,
Ordered that the petitioner is awarded one bill of costs.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).
The trial court correctly denied Fleet National Bank's application to set aside its default in answering the petition (see, Mondrone v. Lakeview Auto Sales Serv., 170 A.D.2d 586), since Fleet National Bank entirely failed to offer any reasonable excuse for its default (see, American Sigol Corp. v. Zicherman, 166 A.D.2d 628). Bald assertions of law office failure will not serve to routinely excuse defaults, and Fleet National Bank's claim that it reasonably believed that it was prohibited from answering the petition pursuant to the automatic bankruptcy stay provisions of 11 U.S.C. § 362 is meritless in light of subdivision (b) of that section, which expressly exempts from its coverage proceedings by governmental units to enforce their police or regulatory powers (see also, Ohio v. Kovacs, 469 U.S. 274, 283-284, n 11).
Fleet National Bank's assertion that the petitioner failed to comply with the proof and notice requirements of CPLR 3215 (f) was not raised in the trial court and is therefore unpreserved for appellate review (see, Lichtman v. Grossbard, 73 N.Y.2d 792; Mastronardi v. Mitchell, 109 A.D.2d 825). Thompson, J.P., Miller, Santucci and Joy, JJ., concur.