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IndyMac Bank, F.S.B. v. Moise

Supreme Court, Appellate Division, Second Department, New York.
Jun 19, 2013

Marc Moise, Hempstead, N.Y., appellant pro se. Stein, Wiener & Roth, LLP, Carle Place, N.Y. (Jonathan M. Cohen of counsel), for respondent.

In an action to foreclose a mortgage, the defendant Marc Moise appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Adams, J.), entered November 2, 2011, as denied his motion, in effect, for leave to reargue.

ORDERED that the appeal is dismissed, with costs.

The appeal must be dismissed, as no appeal lies from an order denying leave to reargue ( see Neunteufel v. Nelnet Loan Servs., Inc., 104 A.D.3d 657, 959 N.Y.S.2d 923;Koufalis v. Logreira, 102 A.D.3d 750, 958 N.Y.S.2d 438;Matter of Coregis Ins. Co. v. Miceli, 295 A.D.2d 511, 744 N.Y.S.2d 677, 744 N.Y.S.2d 694).

SKELOS, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.