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BAYVIEW LOAN SERVICING, LLC v. MARTANO

2013-03466, 2013-05827, Index No. 23664/06.

131 A.D.3d 1187 (2015)

18 N.Y.S.3d 71

2015 NY Slip Op 06998

BAYVIEW LOAN SERVICING, LLC, Appellant, v. DARIO MARTANO et al., Respondents, et al., Defendants.

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

Decided September 30, 2015.

Ordered that the order dated March 15, 2013, is reversed, on the law and in the exercise of discretion, and the plaintiff's motion to vacate its default in appearing at the conference on April 13, 2011, to vacate the order dated September 21, 2012, and to restore the action to the active calendar is granted; and it is further,

Ordered that the appeal from the order dated September 21, 2012, is dismissed, as no appeal lies as of right from an order which does not determine...

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