Opinion
November 13, 1995
Appeal from the Supreme Court, Suffolk County (Underwood, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the defendant is awarded one bill of costs.
The appeal from the intermediate order must be dismissed because the right of direct appeal 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 (see, CPLR 5501 [a] [1]).
To defeat the defendant's motion to dismiss the complaint, the plaintiffs should have offered a reasonable excuse for failing to timely serve their complaint and should have shown that they had a meritorious action by furnishing a sworn statement from a person having personal knowledge of the facts (see, Innerarity v County of Westchester, 144 A.D.2d 645). The plaintiffs failed to comply with either requirement. Balletta, J.P., Pizzuto, Joy and Altman, JJ., concur.