Opinion
December 4, 1995
Appeal from the Supreme Court, Nassau County (Roberto, J.).
Ordered that the appeal from the judgment is dismissed on the ground that it was superseded by the order dated August 29, 1994, made upon reargument; and it is further,
Ordered that the order dated August 29, 1994, is affirmed insofar as reviewed; and it is further,
Ordered that the respondents are awarded one bill of costs.
Contrary to the respondents' contention, the judgment, which was entered after the plaintiff's motion to vacate her default was denied, is appealable (see, e.g., Fucci v Fucci, 166 A.D.2d 551; Katz v Katz, 68 A.D.2d 536, 541). Moreover, the order dated August 29, 1994, which was made upon reargument of the plaintiff's motion to vacate her default, is brought up for review on the appeal from the judgment (see, CPLR 5517; Conklin v Town of Ramapo, 214 A.D.2d 639).
The plaintiff failed to establish a reasonable excuse for her default or a meritorious cause of action. The affidavit of merit submitted by the plaintiff upon reargument contains bare and conclusory allegations that fail to establish that the respondents' conduct was a deviation from accepted medical practice (see, Cohen v TLC Women's Servs., 157 A.D.2d 764; Bergan v Home for Incurables, 124 A.D.2d 517; Romanoff v St. Vincent Hosp. Med. Ctr., 97 A.D.2d 382). Bracken, J.P., Rosenblatt, Miller and Krausman, JJ., concur.