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U.S. BANK NATIONAL ASSOCIATION v. GULLEY

2015-04760, Index No. 5215/11.

137 A.D.3d 1008 (2016)

27 N.Y.S.3d 601

2016 NY Slip Op 01829

U.S. BANK NATIONAL ASSOCIATION, as Successor Trustee to BANK OF AMERICA, NATIONAL ASSOCIATION (Successor by Merger to LASALLE BANK NATIONAL ASSOCIATION), as Trustee for MORGAN STANLEY MORTGAGE LOAN TRUST 2007-7AX, 3476 STATEVIEW BOULEVARD, FT. MILL, SC 29715, Appellant, v. SHAWNORA GULLEY, Also Known as SHAWNORA ARLENE GULLEY and Another, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 16, 2016.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, directed the dismissal of the complaint is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, without costs or disbursements, the plaintiff's motion for an order of reference, to deem all defendants who had failed...

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