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WELLS FARGO BANK, NATIONAL ASSOCIATION v. FREDERIC

2020-00127, 2020-00128. Index No. 702001/12.

208 A.D.3d 731 (2022)

171 N.Y.S.3d 923

2022 NY Slip Op 04999

Wells Fargo Bank, National Association, Appellant, v. Marc Anthony Frederic et al., Defendants.

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

Decided August 17, 2022.

Attorney(s) appearing for the Case

Hinshaw & Culbertson LLP, New York, NY ( Victor Matthews of counsel), for appellant.

Dillon, J.P., Iannacci, Rivera and Wooten, JJ., concur.

Ordered that the appeal from the order entered June 16, 2017, is dismissed, without costs or disbursements, as no appeal lies as of right from an order that does not decide a motion made on notice (see CPLR 5701[a][2]), and we decline to grant leave to appeal, as the appeal has been rendered academic in light of our determination of the appeal from the order entered October 12, 2018; and it is further,

Ordered that the order entered October 12, 2018, is reversed...

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