Opinion
2009-10559.
Decided on October 4, 2011.
In an action to recover on a promissory note, brought by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Cozzens, Jr., J.), entered September 29, 2009, as denied its motion for summary judgment in lieu of complaint.
ORDERED that the appeal is dismissed.
Loeb Loeb LLP, New York, N.Y. (Helen Gavaris of counsel), for appellant.
DANIEL D. ANGIOLILLO, J.P., THOMAS A. DICKERSON, L. PRISCILLA HALL, JEFFREY A. COHEN, JJ.
DECISION ORDER
The portion of the order appealed from has been superseded by an order of the same court entered April 16, 2010, made upon reargument ( see New York Community Bank v Fessler, ___ AD3d ___ [Appellate Division Docket No. 2010-04429; decided herewith]). Accordingly, the appeal must be dismissed.
ANGIOLILLO, J.P., DICKERSON, HALL and COHEN, JJ., concur.