DASH v. DK TRANSIT INC

Ordered that the appeal of the defendant DK Transit Inc. is dismissed, as that defendant is not aggrieved by those portions of the order appealed from ( see CPLR 5511); and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that the plaintiff is awarded one bill of costs. The fact that a defendant has disappeared or made himself unavailable provides no basis for denying a motion to strike his answer ( see, Rowe v. Lee Gee Sook, 224 A.D.2d 404; Spataro v Ervin, 186 A.D.2d 793).

The remaining contentions of the appellant Sher K. Aslam are without merit.

Miller, J.P., Thompson, Joy and Luciano, JJ., concur.