DECISION ORDER
ORDERED that the appeal by Thomas Nasca is dismissed, for failure to perfect the same in accordance with the rules of this court ( see 22 NYCRR 670.8[c][e]); and it is further,
ORDERED that the order is affirmed insofar as appealed from by Dean Nasca, with costs.
The Supreme Court providently exercised its discretion in denying the motion and granting the cross motion. The delay was brief and the plaintiffs were not prejudiced thereby. Furthermore, there is a potentially meritorious defense ( see Kelly v. National Wholesale Liquidators, 296 A.D.2d 568).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.