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WELLS FARGO BANK, N.A. v. FISCH

2012-02909.

103 A.D.3d 622 (2013)

959 N.Y.S.2d 260

2013 NY Slip Op 732

WELLS FARGO BANK, N.A., Appellant, v. BENJAMIN FISCH et al., Respondents, et al., Defendant.

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

February 6, 2013.

In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated December 12, 2011, as, upon granting, in effect, its application for leave to discontinue the action pursuant to CPLR 3217 (b), did so "with prejudice."

Ordered that on the Court's own motion, the notice of appeal is deemed an application for leave to appeal, and leave to appeal is granted (see

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