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U.S. BANK NATIONAL ASSOCIATION v. HICKEY

53 A.D.3d 544 (2008)

862 N.Y.S.2d 87

U.S. BANK NATIONAL ASSOCIATION, Plaintiff, v. EUGENE HICKEY et al., Respondents, et al., Defendants. 165 S. 15TH STREET CORP., Nonparty Appellant.

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

Decided July 8, 2008.

Ordered that the appeal from the order dated January 30, 2008 is dismissed, as no appeal lies from an order issued ex parte (see CPLR 5701 [a] [2]; Household Fin. Realty Corp. of N.Y. v Winn, 19 A.D.3d 545 [2005]); and it is further,

Ordered that the order dated December 19, 2007 is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents.

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