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M & T Real Estate Trust, Successor By Merger To M & T Real Estate, Inc., Plaintiff-Respondent v. James J. Doyle

March 23, 2012

M & T REAL ESTATE TRUST, SUCCESSOR BY MERGER TO M & T REAL ESTATE, INC., PLAINTIFF-RESPONDENT,
v.
JAMES J. DOYLE, II, AND JIM DOYLE FORD, INC., DEFENDANTS-APPELLANTS.



Appeal from an order of the Supreme Court, Erie County (Michael L. D'Amico, A.J.), entered June 29, 2011 in a proceeding pursuant to RPAPL article 13.

M&T Real Estate Trust v Doyle

Appellate Division, Fourth Department

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.

Decided on March 23, 2012

PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

(APPEAL NO. 1.)

The order, among other things, granted plaintiff's motion for leave to enter a deficiency judgment against defendants.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).

Entered: March 23, 2012

Frances E. Cafarell Clerk of the Court

20120323

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