Opinion
January 25, 1988
Appeal from the Supreme Court, Suffolk County (D'Amaro, J.).
Ordered that the order is affirmed, with costs.
The order which the defendant Warren Weber seeks to vacate struck his answer for failure to comply with an order of disclosure. Such an order is properly reviewable by direct appeal and not by motion to vacate a default pursuant to CPLR 5015 (a) (Pergamon Press v Tietze, 81 A.D.2d 831, lv dismissed 54 N.Y.2d 605; cf., Berlin v Schlotthauer, 117 A.D.2d 768). The appellant has already availed himself of such appellate review — albeit unsuccessfully — and may not now attempt to relitigate the issues decided therein (Perritt v Smithtown Gen. Hosp., 122 A.D.2d 256, lv dismissed 68 N.Y.2d 997). Thompson, J.P., Brown, Spatt and Sullivan, JJ., concur.