Baez-Ferreira v. Marte — 86 A.D.3d 434

Majority

p. 434

Juan J. Baez-Ferreira, Respondent, v Luis A. Marte, Appellant, et al., Defendants.

[926 NYS2d 291]

The appeal is dismissed because no appeal lies from an order granted on default (see Figiel v Met Food, 48 AD3d 330 [2008];

p. 435

CPLR 5511). Defendant’s remedy was an application to the motion court to vacate the order (see Figiel at 330; CPLR 5015 [a] [1]).

However, were we to reach the merits we would affirm. Concur — Mazzarelli, J.E, Catterson, DeGrasse, Abdus-Salaam and Román, JJ.