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MATTER OF SOUTHAMPTON BRICK AND TILE, LLC v. SUFFOLK COUNTY NATIONAL BANK

2008-09349, 2009-02220

68 A.D.3d 880 (2009)

2009 NY Slip Op 9235

889 N.Y.S.2d 473

In the Matter of SOUTHAMPTON BRICK AND TILE, LLC, Appellant, v. SUFFOLK COUNTY NATIONAL BANK, Respondent.

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

Decided December 8, 2009.

Ordered that the order dated August 5, 2008, is reversed, on the law, the petition is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for a disposition of the petition on the merits following service of notice of the proceeding upon the debtors and the Sheriff in accordance with CPLR 304; and it is further,

Ordered that the appeal from the order dated January 16, 2009, is dismissed; and it is...

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