Opinion
No. 2009-05199.
March 30, 2010.
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.
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.
Before: Covello, J.P., Florio, Eng and Chambers, JJ., concur.
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).