BANK PLAINTIFF RESPONDENT v. APPEAL NO

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Supreme Court, Appellate Division, Fourth Department.

M & T BANK, PLAINTIFF–RESPONDENT, v. RONALD R. BENJAMIN, ALSO KNOWN AS RONALD BENJAMIN, ALSO KNOWN AS RONALD R. BENJAMIN, ESQ., DEFENDANT–APPELLANT. (APPEAL NO. 1.)

CA 16–00547

Decided: December 23, 2016

PRESENT:  WHALEN, P.J., CENTRA, LINDLEY, NEMOYER, AND TROUTMAN, JJ. LAW OFFICE OF RONALD R. BENJAMIN, BINGHAMTON (MARY JANE MURPHY OF COUNSEL), FOR DEFENDANT–APPELLANT. GETMAN & BIRYLA, LLP, BUFFALO (JOSEPH S. MONTAGNOLA OF COUNSEL), FOR PLAINTIFF–RESPONDENT.

ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v. Nussbaumer, Clarke & Velzy, 140 A.D.2d 988;  Chase Manhattan Bank, N.A. v. Roberts & Roberts, 63 A.D.2d 566, 567;  see also CPLR 5501[a][1] ).

Frances E. Cafarell

Clerk of the Court