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BANK OF NEW YORK v. MACPHERSON

301 A.D.2d 485 (2003)

752 N.Y.S.2d 720

BANK OF NEW YORK, Respondent, v. DONALD MACPHERSON, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 13, 2003.

Ordered that the appeal from the order dated October 31, 2001, is dismissed, without costs or disbursements, as that order was superseded by the order dated January 8, 2002, made upon reargument; and it is further,

Ordered that the order dated January 8, 2002, is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing in accordance herewith; and it is further,

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