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ALBERT UJUETA, ETC., respondent, v. LEWIS WU, ET AL., appellants.

DECISION ORDER

ORDERED that on the court's own motion, the notice of appeal from the decision is deemed a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,

ORDERED that the order and the judgment are affirmed, with one bill of costs.

The Supreme Court providently exercised its discretion in denying the defendants' motion to vacate their default in answering the complaint based upon their failure to demonstrate a reasonable excuse for their failure to timely answer and a meritorious defense to the action (see Trotman v. Aya Cab Corp., 300 A.D.2d 573; Matter of Gambardella v. Otov Light., 278 A.D.2d 494; Parker v. City of New York, 272 A.D.2d 310; Gleissner v. Singh, 264 A.D.2d 811; Kyriacopoulos v. Mendon Leasing Corp., 216 A.D.2d 532; De Vito v. Marine Midland Bank, 100 A.D.2d 530).

FEUERSTEIN, J.P., FRIEDMANN, SCHMIDT and MASTRO, JJ., concur.

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UJUETA v. WU
(Mar 24, 2003)