Opinion
May 28, 1996
Appeal from the Supreme Court, Kings County (Huttner, J.).
Ordered that the appeal from the order dated February 28, 1995, is dismissed; and it is further,
Ordered that the appeal from so much of the order dated August 29, 1995, as denied those branches of the defendant's motion which were for reargument and resettlement are dismissed, and that order is otherwise affirmed; and it is further,
Ordered that the plaintiffs are awarded one bill of costs.
As the defendant acknowledged in its notice of appeal, the order dated February 28, 1995, was entered upon its default in submitting opposition papers. Therefore, its appeal from that order must be dismissed, since no appeal lies from an order entered upon the default of the appealing party ( see, CPLR 5511).
The defendant's appeal from so much of the order dated August 9, 1995, as denied those branches of its motion which were for reargument and resettlement of the decretal paragraphs of the order dated February 28, 1995, are dismissed ( see, DeFreitas v Board of Educ., 129 A.D.2d 672; Blume v. Blume, 124 A.D.2d 771).
That branch of the motion which was to vacate its default in submitting opposition papers was properly denied, since the defendant failed to establish a reasonable excuse for the default ( see, Correa v. Ahn, 205 A.D.2d 575). Thompson, J.P., Altman, Goldstein and McGinity, JJ., concur.