Ordered that the order is affirmed, with costs.
On July 8, 2009, the plaintiff commenced this action to foreclose a mortgage. On or about July 23, 2009, the plaintiff filed proof of service of the summons and complaint upon the defendant Jackie Herbst pursuant to CPLR 308 (4). Herbst did not answer or appear in the action within the time provided by statute (see CPLR 308 [4]; 320 [a]; 3012 [c]).
Approximately seven years later, on December 28, 2016...
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