Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the plaintiff's motion to vacate a stay arising from the death of the defendant Thomas Auteri, also known as Thomas J. Auteri, to discontinue the action insofar as asserted against that defendant and to remove his name from the caption, and for leave to enter a default judgment against the remaining defendants and for an order of reference is granted.
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