Ordered that the order entered March 9, 2006 is reversed, on the law, the motion pursuant to CPLR 5015 (a) (4) to vacate the judgment and to dismiss the complaint pursuant to CPLR 3211 (a) (8) is granted; and it is further,
Ordered that the appeal from the order entered October 17, 2006 is dismissed, as no appeal lies from an order denying a motion, in effect, for leave to reargue; and it is further,
Ordered that one bill of costs is awarded to the defendant...
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