Opinion
December 4, 1995
Appeal from the Supreme Court, Suffolk County (Floyd, J.).
Ordered that the appeal from the order dated April 12, 1994, is dismissed, as no appeal lies from an order denying reargument (see, Robinson v Laurent, 205 A.D.2d 517); and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
In order to vacate a default judgment, a defendant must demonstrate that there was an excusable delay and a meritorious defense (see, CPLR 5015 [a] [1]; Kyriacopoulos v Mendon Leasing Corp., 216 A.D.2d 532; Matter of Hostomsky v Electronic Data Sys. Corp., 214 A.D.2d 733; Korea Exch. Bank v Attilio, 186 A.D.2d 634). The defendants failed to sustain their burden of demonstrating a meritorious defense. Accordingly, the default judgment entered against them will not be vacated (see, Palostrada v Modugno, 168 A.D.2d 673). Mangano, P.J., Balletta, Pizzuto and Santucci, JJ., concur.