Deutsche Bank Natl. Trust Co. v Pestano
2010 NY Slip Op 02738 [71 AD3d 1075]
March 30, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


Deutsche Bank National Trust Company, Appellant,
v
Robin Pestano et al., Defendants, and Florence Glay, Respondent.

—[*1] Fein, Such & Crane, LLP (Sanders, Gutman & Brodie, P.C., Brooklyn, N.Y. [Robert Gutman and D. Michael Roberts] of counsel), for appellant.

Albanese & Albanese, LLP, Garden City, N.Y. (Barry A. Oster of counsel), for respondent.

In an action to foreclose a mortgage, the plaintiff appeals from a decision of the Supreme Court, Kings County (Archer, J.H.O.), dated January 29, 2009, which, after a hearing, found that service of process was improper.

Ordered that the appeal from the decision is dismissed, with costs, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]). Covello, J.P., Florio, Eng and Chambers, JJ., concur.