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Deutsche Bank National Trust Company, Appellant, v. Robin Pestano et al., Defendants, and Florence Glay, Respondent

New York Supreme Court, Appellate Division2010-03-30
71 A.D.3d 1075899 N.Y.S.2d 619

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Opinion

majority opinion

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.

Ordered that the appeal from the decision is dismissed, with costs, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]). Covello, J.P., Florio, Eng and Chambers, JJ., concur.