Opinion
March 27, 1995
Appeal from the Supreme Court, Queens County (Smith, 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 plaintiffs are awarded one bill of costs.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom 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 orders dated September 3, 1992, and January 15, 1993, are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501 [a] [1]; James v. Powell, 19 N.Y.2d 249; Katz v Katz, 68 A.D.2d 536).
The court properly proceeded to inquest in this case. Although the plaintiffs' motion for leave to enter a default judgment was made shortly after the required time limitation of CPLR 3215 (c), the plaintiffs were actively pursuing their case and had not abandoned it (see, Community Preservation Corp. v. Marbook Assocs., 197 A.D.2d 659). Moreover, the papers in support of the motion adequately explained the delay and contained an affidavit of merit demonstrating the meritorious nature of the plaintiffs' complaint (see, Ingenito v. Grumman Corp., 192 A.D.2d 509).
We have considered the defendant's remaining contentions and find them to be without merit. Balletta, J.P., Thompson, Lawrence and Goldstein, JJ., concur.