ORDERED that on the court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701[c]); and it is further,
ORDERED that the order is reversed insofar as appealed from, on the law, the application is granted, and the complaint is dismissed; and it is further,
ORDERED that the appellant is awarded one bill of costs.
In opposition to the plaintiffs' motion for leave to enter a default judgment, the defendant made an application to dismiss the complaint pursuant to CPLR 3215(c) because the plaintiffs failed to take proceedings for the entry of a judgment within one year after the default. To avoid such a dismissal, a plaintiff must offer a reasonable excuse for the delay and demonstrate the merits of the complaint (see, CPLR 3215 [c]; Akler v. Booth Mem. Med. Ctr., 257 A.D.2d 640; Winfield v. Garenani, 246 A.D.2d 537; Richards v. Lewis, 243 A.D.2d 615). Here, the plaintiffs failed to offer a reasonable excuse for their delay (see, Rafiq v. Weston, 171 A.D.2d 783; Monzon v. Sony Motor, 115 A.D.2d 714), or demonstrate a meritorious action. Thus, the complaint should have been dismissed.
ALTMAN, J.P., SMITH, KRAUSMAN, McGINITY and COZIER, JJ., concur.