Ordered that the order is reversed, on the law, with costs, the motion is denied, and the judgment entered September 28, 2000, is reinstated.
Although the Supreme Court had the authority to consider the defendant's motion to vacate the judgment entered upon his default as one pursuant to CPLR 317 rather than CPLR 5015 (a) (1) (see, Eugene Di Lorenzo, Inc. v Dutton Lbr. Co.,
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