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Deutsche Bank National Trust Co. v. Pestano

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


March 30, 2010

DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., APPELLANT,
v.
ROBIN PESTANO, ET AL., DEFENDANTS, FLORENCE GLAY, RESPONDENT.

In an action to foreclose a mortgage, the plaintiff appeals from a decision of the Supreme Court, Kings County (Archer, J.H.O.), dated January 29, 2009, which, after a hearing, found that service of process was improper.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

JOSEPH COVELLO, J.P., ANITA R. FLORIO, RANDALL T. ENG and CHERYL E. CHAMBERS, JJ.

(Index No. 20235/04)

DECISION & ORDER

ORDERED that the appeal from the decision is dismissed, with costs, as no appeal lies from a decision (see Schicchi v Green Constr. Corp., 100 AD2d 509).

COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

20100330

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