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U.S. BANK NATL. ASSN. v. HICKEY

2008-01016, 2008-01128.

2008 NY Slip Op 06204

U.S. BANK NATIONAL ASSOCIATION, ETC., plaintiff, v. EUGENE HICKEY, ET AL., respondents, ET AL., defendants; 165 S. 15TH STREET CORP., nonparty-appellant.

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

Decided July 8, 2008.

Attorney(s) appearing for the Case

Michael C. Manniello, P.C., Syosset, N.Y., for nonparty-appellant.

Mark Matiash, Oceanside, N.Y., for respondents.

Before: ROBERT A. SPOLZINO, J.P., STEVEN W. FISHER, EDWARD D. CARNI, THOMAS A. DICKERSON, JJ.

DECISION & ORDER

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); 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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