New York Community Bank v Fessler
2011 NY Slip Op 07013 [88 AD3d 667]
October 4, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


New York Community Bank, Appellant,
v
Eric Fessler, Respondent.

—[*1] Loeb & Loeb LLP, New York, N.Y. (Helen Gavaris of counsel), for appellant.

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The portion of the order appealed from has been superseded by an order of the same court entered April 16, 2010, made upon reargument (see New York Community Bank v Fessler, 88 AD3d 667 [2011] [decided herewith]). Accordingly, the appeal must be dismissed. Angiolillo, J.P., Dickerson, Hall and Cohen, JJ., concur.