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DEAN NASCA, ET AL., appellants, v. MICHAEL GERTEL, ET AL., defendants, LUCINE ANZELONE, a/k/a LUCINE GOLDMAN, respondent.

DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, and the motion is granted.

The Supreme Court erred in denying the plaintiff's motion for leave to enter a default judgment against the defendant Lucine Anzelone, a/k/a Lucine Goldman (hereinafter Anzelone), since Anzelone failed to provide a reasonable excuse for her default and to demonstrate a meritorious defense to the action ( see Ennis v. Lema, 305 A.D.2d 632). Further, contrary to Anzelone's contention, the plaintiffs did not waive the late service and the default since the answer was served after the plaintiffs moved for leave to enter a default judgment ( see Brenner v. Cross County Shopping Ctr., 308 A.D.2d 469; cf. Ligotti v. Wilson, 287 A.D.2d 550).

We have not considered those portions of the brief submitted by Anzelone which are dehors the record in reaching our determination ( see Carhuff v. Barnett's Bake Shop, 54 A.D.2d 969).

The parties' remaining contentions have been rendered academic in light of our determination.

PRUDENTI, P.J., H. MILLER, SCHMIDT and COZIER, JJ., concur.

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NASCA v. GERTEL
(Mar 1, 2004)