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JOANNE CATANIA, Respondent, v. ANTHONY J. DeCINTIO, Defendant and Third-Party Plaintiff-Appellant. ANDREW J. SCHATKIN, Third-Party Defendant.

Ordered that the appeals are dismissed, without costs or disbursements.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see Matter of Aho, 39 NY2d 241, 248).

The appeal from the judgment must be dismissed as no appeal lies from a judgment entered upon the default of the appealing party ( see Payne v. Payne, 4 AD3d 512).

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CATANIA v. DeCINTIO
(Jul 12, 2004)