DOOLEY v. FLAVEL

Order entered May 12, 1967, herein appealed from, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs or disbursments, and the motion to vacate and set aside the judgment entered March 14, 1966, and to open the defendant's default is denied. No adequate excuse is offered for the default and no proposed answer was served with the papers. Moreover, defendant delayed for almost one year before taking action to vacate the judgment ( Back v. Stern, 23 A.D.2d 837), and has failed to demonstrate clearly that she has a meritorious defense. Order entered June 23, 1967, appealed from, which denied plaintiff's motion to reargue, dismissed as not appealable, without costs or disbursements ( Weiss v. Weiss, 225 App. Div. 700; see, however, CPLR 5517, subd. [b]).

Concur — Botein, P.J., Stevens, Steuer, McNally and McGivern, JJ.