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DEUTSCHE BANK NATIONAL TRUST CO. v. ZLOTOFF

2010-01508.

77 A.D.3d 702 (2010)

908 N.Y.S.2d 612

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under the Pooling and Servicing Agreement Series ITF INABS 2005-B, Respondent, v. JERRY ZLOTOFF, Also Known as GERALD ZLOTOFF, et al., Appellants, et al., Defendants.

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

Decided October 12, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the contention of the defendants Jerry Zlotoff and Rhonda Zlotoff (hereinafter together the Zlotoffs), under the circumstances of this case, the referee was not required to conduct a hearing prior to the issuance of his report to the Supreme Court, Suffolk County (see Deutsche Bank Natl. Trust Co. v Jackson, 68 A.D.3d 805 [2009]).

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