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HENRY v. KUVEKE

9 A.D.3d 476 (2004)

781 N.Y.S.2d 114

WILLIAM R. HENRY et al., Appellants, v. TIMOTHY W. KUVEKE et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 30, 2004.

Ordered that the appeals from the orders dated October 18, 2002, October 28, 2002, and November 14, 2002, are dismissed, as no appeals lie from orders made upon the default of the appealing party (see CPLR 5511); and it is further,

Ordered that the order dated December 11, 2002, is modified, on the law and as a matter of discretion, by deleting the provision thereof denying that branch of the plaintiffs' motion which was to vacate the order dated October 18...

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