Legarreta v. Neal

*1073Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (John A. Michalek, J.), entered March 1, 2012. The order and judgment, among other things, granted that part of plaintiffs motion for entry of a default judgment.

It is hereby ordered that the order and judgment so appealed from is unanimously affirmed without costs.

Same memorandum as in Legarreta v Neal (108 AD3d 1067 [2013]). Present — Scudder, P.J., Peradotto, Lindley, Sconiers and Whalen, JJ.