Opinion
October 19, 1998
Appeal from the Supreme Court, Queens County (Dye, J.).
Ordered that the order is affirmed, with costs.
The appellant failed to show that he was entitled to the vacatur of the judgment because of an excusable default ( see, CPLR 5015 [a] [1]), and the existence of fraud, misrepresentation, or other misconduct on the part of the plaintiff ( see, CPLR 5015 [a] [3]).
Pizzuto, J. P., Joy, Florio and Luciano, JJ., concur.