It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Defendants appeal from an order denying their motion seeking to vacate a default order and judgment entered against them following their failure to oppose plaintiffs motion for summary judgment in lieu of complaint pursuant to CPLR 3213. On a prior appeal, we affirmed the default order and judgment that granted plaintiffs motion and ordered defendants to *Page 1422 pay a specified amount due on a promissory note executed by defendant David McQuade Leibowitz, EC. and personally guaranteed by defendant David McQuade Leibowitz (CounselFin. Serus., LLC v David McQuade Leibowitz, P.C.,67 AD3d 1483 [2009]). Even assuming, arguendo, that the default order and judgment may be vacated pursuant to CPLR 5015 (a) (1) despite defendants' prior appeal (see Pergamon Press vTietze, 81 AD2d 831 [1981], lv dismissed54 NY2d 605 [1981]; Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C5015:6), we conclude that Supreme Court properly refused to do so inasmuch as defendants failed to establish a reasonable excuse for their default and a meritorious defense to the action (see Brehm v Patton,55 AD3d 1362 [2008]; cf. Wilcox v U-Haul Co.,256 AD2d 973 [1998]; see generally CPLR 5015 [a] [1]).