Opinion
December 21, 1992
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the appeal from the order dated September 14, 1990, is dismissed, without costs or disbursements, as that order was superseded by the order dated February 11, 1991, made upon reargument; and it is further,
Ordered that the appeal by the defendant Gertrude Tobjy, from the order dated February 11, 1991, is dismissed as abandoned, without costs or disbursements; and it is further,
Ordered that the order dated February 11, 1991, is affirmed insofar as appealed from by the defendant Ralph Tobjy, without costs or disbursements.
We find that the trial court did not improvidently exercise its discretion in denying the defendants' motion to vacate the judgment pursuant to CPLR 5015. Thompson, J.P., Bracken, Lawrence and Miller, JJ., concur.