Opinion
February 14, 1995
Appeal from the Surrogate's Court, Queens County (Nahman, S.).
Ordered that the order is affirmed, without costs or disbursements.
Contrary to the petitioner's contention, the Surrogate's Court properly denied his motion and declined to revive a proceeding which has essentially lain dormant since 1981. The petitioner has failed to demonstrate a reasonable excuse for his default and that his claim has legal merit (see, CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v. Dutton Lbr. Co., 67 N.Y.2d 138, 141; Siegel, NY Prac § 427, at 651 [2d ed]). Ritter, J.P., Copertino, Joy and Hart, JJ., concur.