DECISION ORDER
ORDERED that the order dated November 12, 2002, is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiffs' motion which was, in effect, to vacate the order dated April 2, 2002, is denied, the complaint insofar as asserted against the appellants is dismissed, and the action against the remaining defendants is severed.
The plaintiffs failed to comply with a conditional order of preclusion dated October 10, 2001. As a result, the conditional order became absolute ( see Correa v. Tscherne, 296 A.D.2d 476; Jenkinson v. Naccarato, 286 A.D.2d 420). The appellants' subsequent motion for an unconditional order of preclusion, therefore, was unnecessary. Nevertheless, the Supreme Court granted the motion without opposition by the plaintiffs and dismissed the action. The plaintiffs subsequently moved, inter alia, in effect, to vacate their default in opposing the appellants' motion.
To succeed on that branch of their motion which was, in effect, to vacate their default in opposing the appellants' motion, the plaintiffs were required to demonstrate both a reasonable excuse for their default and the existence of a meritorious cause of action ( see Correa v. Tscherne, supra; Jenkinson v. Naccarato, supra). They failed to demonstrate a reasonable excuse for their failure to comply with the conditional order ( see Correa v. Tscherne, supra; Jenkinson v. Naccarato, supra) and their failure to oppose the appellants' motion ( see Engel v. Lichterman, 62 N.Y.2d 943). Consequently, their default should not have been vacated. Their contention that the appellants' attorney agreed to reinstatement of the action rests on matter dehors the record and may not be considered on this appeal ( see Credit-Based Asset Servicing Securitization v. Chaudry, 304 A.D.2d 708).
ALTMAN, J.P., S. MILLER, McGINITY, ADAMS and MASTRO, JJ., concur.