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JUAN J. BAEZ-FERREIRA, Respondent, v. LUIS A. MARTE, Appellant, et al., Defendants.

The appeal is dismissed because no appeal lies from an order granted on default ( see Figiel v Met Food, 48 AD3d 330; CPLR 5511). Defendant's remedy was an application to the motion court to vacate the order ( see Figiel at 330; CPLR 5015 [a] [1]).

However, were we to reach the merits we would affirm.

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BAEZ-FERREIRA v. MARTE
(Jul 7, 2011)