Opinion
June 13, 1988
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order dated March 20, 1987 is affirmed; and it is further,
Ordered that the appeal from the order dated November 20, 1987 is dismissed; and it is further,
Ordered that the defendant is awarded one bill of costs.
The plaintiff failed to prove that he had any merit to his action, a necessary showing for one seeking to be relieved of a default (see, Quigley v Jabbur, 124 A.D.2d 398; La Buda v Brookhaven Mem. Hosp. Med. Center, 98 A.D.2d 711, affd 62 N.Y.2d 1014). The plaintiff's motion which was denominated a motion to renew was actually a motion for reargument. Thus, the appeal from the order dated November 20, 1987 must be dismissed, since no appeal lies from the denial of reargument. Mollen, P.J., Mangano, Rubin and Sullivan, JJ., concur.