Carucci v. Hanna

— Order unanimously reversed, without costs, motion granted and action dismissed. Memorandum: Defendants have appealed from an order directing them to accept service of a tardy complaint and denying their cross motion to dismiss the action pursuant to CPLR 3012 (subd [b]). Since plaintiffs have not met their burden of showing that they have a meritorious claim the order must be reversed and the action dismissed. The issue of the alleged wrongful conduct of defendants was previously litigated in Carucci v City of Utica (60 AD2d 747, mot for lv to app den 44 NY2d 814, mot for rearg den 45 NY2d…