Keybank N.A. v Simao
2017 NY Slip Op 08146 [155 AD3d 1679]
November 17, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 3, 2018


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 Keybank National Association, Respondent, v Philip Simao, Appellant, et al., Defendants. (Appeal No. 2.)

McMahon, Kublick & Smith, P.C., Syracuse (Jan S. Kublick of counsel), for defendant-appellant.

Fein, Such & Crane, LLP, Rochester, D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of counsel), for plaintiff-respondent.

Appeal from a decision of the Supreme Court, Jefferson County (James P. McClusky, J.), entered September 9, 2016. The decision granted plaintiff's motion for a judgment of foreclosure and sale.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in KeyBank N.A. v Simao ([appeal No. 1] 155 AD3d 1678 [2017]). Present—Centra, J.P., Peradotto, Carni, DeJoseph and Winslow, JJ.