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FEDERATION OF PUERTO RICAN ORGANIZATIONS OF BROWNSVILLE, INC., et al., Respondents, v. HERIBERTO MATEO et al., Appellants.

Although denominated a motion to vacate a default, defendants' motion was, in actuality, one to reargue the prior order that had conditionally struck their answer pursuant to CPLR 3126 (3), rendering the instant order nonappealable ( see, Berman v Szpilzinger, 180 AD2d 612). In any event, if we were to review, we would find that defendants provided neither a reasonable excuse for their failure to comply with the conditional order nor an affidavit of merit by one with personal knowledge of the facts ( see, Becerril v Skate Way Roller Rink, 184 AD2d 365, 366).

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FED'N OF PUERTO RICAN ORG. v. MATEO
(Jan 23, 1997)