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ANA VASSILAKOS, Respondent, v. PETER VASSILAKOS, Appellant.

Order unanimously affirmed without costs. Memorandum: Under the circumstances of this case, the imposition of sanctions of $3,500 against defendant's attorney as a condition of relieving defendant from his default is warranted and is an appropriate exercise of Supreme Court's discretion (see, Folk v. State of New York, 185 A.D.2d 267, 268; Sasson v. Sasson, 134 A.D.2d 491, 492; Gabrelian v. Gabrelian, 108 A.D.2d 445, 447-448, appeal dismissed 66 N.Y.2d 741). The challenge to the propriety of the order striking defendant's answer is not properly before us because defendant did not appeal from that order (see, CPLR 5515; see also, Hecht v. City of New York, 60 N.Y.2d 57, 61).

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VASSILAKOS v. VASSILAKOS
(May 27, 1994)