Ordered that the order is affirmed, with costs.
In February 2010, the plaintiff commenced this action against, among others, the defendant Anthony J. Colleluori (hereinafter the defendant) to foreclose a mortgage. The defendant failed to timely appear or answer the complaint. In August 2010, the plaintiff moved, ex parte, for an order of reference. In March 2011, the plaintiff withdrew the motion before it was decided.
The defendant, an attorney, participated...
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