Opinion
Submitted April 27, 2000.
September 13, 2000.
In an action to recover payment on promissory notes, the plaintiff and the counterclaim-defendant appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated February 16, 1999, which denied their motion to vacate a judgment of the same court entered December 11, 1996, in favor of the defendants and against them on the counterclaims in the principal sum of $145,000, and dismissing the complaint, upon their failure, inter alia, to appear for trial.
Conforti, Waller Kaplowitz, LLP, Hauppauge, N.Y. (Anthony T. Conforti, Jeffrey W. Waller, and Jack A. Kaplowitz of counsel), for appellants.
Gunnigle Johnson, P.C., Port Jefferson, N.Y. (Bjorn J. Holubar of counsel), for respondents.
Before: THOMAS R. SULLIVAN, J.P., LEO F. McGINITY, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The appellants assert that the judgment entered upon their default, inter alia, in appearing at trial should be vacated because there was insufficient evidence at the inquest to support the amount of damages awarded. However, that issue was not raised in the Supreme Court, and, therefore, it is not properly before this court (see, Block v. Magee, 146 A.D.2d 730).
DECISION ORDER ON MOTION
Motion by the respondents on an appeal from an order of the Supreme Court, Suffolk County, dated February 16, 1999, to strike the appellants' brief, or stated portions thereof, on the ground, inter alia, that it refers to matter dehors the record. By decision and order of this court dated March 7, 2000, the motion was referred to the Justices hearing the appeal for determination on the argument or submission thereof.
Upon the papers filed in support of the motion, the papers submitted in opposition thereto, and upon the submission of the appeal, it is
ORDERED that the motion is denied as academic in light of the determination of the appeal.