Opinion
2003-02685.
Decided April 12, 2004.
In an action to foreclose a mortgage, the defendant Joel Arbisser appeals from an order of the Supreme Court, Kings County (Dowd, J.), dated February 19, 2003, which denied his motion, inter alia, to restore the action to "active status."
Sol Mermelstein, Brooklyn, N.Y. (S. Herman Klarsfeld of counsel), for appellant.
Daniel R. Miller, Brooklyn, N.Y., for respondent Esther Gelbelman.
Before: A. GAIL PRUDENTI, P.J., ANITA R. FLORIO, HOWARD MILLER, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
As this court has already determined, the instant action was withdrawn ( see Arbisser v. Gelbelman, 286 A.D.2d 693, 694). Therefore, it may not be restored to "active status" and the motion for that relief was properly denied.
PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.