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LESLEY E. FINNEGAN, appellant, v. KAREN C. SHEAHAN, respondent, et al., defendant.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff's motion for leave to enter a judgment upon the respondent's default in answering was not based on an affidavit by a party with knowledge of the underlying facts as required by CPLR 3215(f). Rather, the motion was based on a complaint verified only by the plaintiff's attorney. The Supreme Court therefore properly denied the motion (see, Hazim v. Winter, 234 A.D.2d 422 ;Mullins v. DiLorenzo, 199 A.D.2d 218 ).

In light of our determination, we need not reach the plaintiff's remaining contentions.

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FINNEGAN v. SHEAHAN
(Feb 24, 2000)