Ordered that the judgment is affirmed, with costs.
After a hearing, a referee issued a report in which she found that service of the summons with notice and the complaint had not been effected upon the defendant Son N. Trinh. Since that finding is supported by the record, the Supreme Court properly confirmed the referee's report ( see Shen v Shen, 21 AD3d 1078, 1079; Frater v Lavine, 229 AD2d 564), and properly granted that branch of Trinh's motion which was pursuant to CPLR 5015 (a) (4) to vacate so much of a judgment entered upon his default in appearing or answering as was in favor of the plaintiff and against him ( cf. Delgado v Velecela, 56 AD3d 515, 516-517).
The plaintiffs remaining contentions have been rendered academic in light of our determination.