New York Community Bank, appellant, v Eric Fessler, respondent. v. << (2011)

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

New York Community Bank, appellant, v Eric Fessler, respondent.

2009–10559 (Index No. 21653 /08)

Decided: October 04, 2011

DANIEL D. ANGIOLILLO, J.P. THOMAS A. DICKERSON L. PRISCILLA HALL JEFFREY A. COHEN, JJ.

Loeb & Loeb LLP, New York, N.Y. (Helen Gavaris of counsel), for appellant.

Submitted—September 12, 2011

DECISION & ORDER

In an action to recover on a promissory note, brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Cozzens, Jr., J.), entered September 29, 2009, as denied its motion for summary judgment in lieu of complaint.

ORDERED that the appeal is dismissed.

The portion of the order appealed from has been superseded by an order of the same court entered April 16, 2010, made upon reargument (see New York Community Bank v. Fessler, _ AD3d _ [Appellate Division Docket No. 2010–04429; decided herewith] ). Accordingly, the appeal must be dismissed.

ANGIOLILLO, J.P., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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