Sweeney v Preferred Mut. Ins. Co.

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Sweeney v Preferred Mut. Ins. Co. 2009 NY Slip Op 06937 [66 AD3d 1377] October 2, 2009 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

Sonja Sweeney, Respondent, v Preferred Mutual Insurance Company, Defendant. JP Morgan Chase Bank, N.A., as Indenture Trustee on Behalf of the Noteholders and the Note Insurer of the ABFS Mortgage Loan Trust 2001-4, Mortgage Backed Notes, Appellant.

—[*1] O'Melveny& Myers LLP, Washington, D.C. (Brian P. Brooks, of the Washington, D.C. and California bars, admitted pro hac vice, of counsel) and Shapiro & Dicaro, LLP, Rochester, for appellant.

Woods Oviatt Gilman LLP, Rochester (Warren B. Rosenbaum of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered August 22, 2008. The order granted the application of plaintiff to authorize the release of trust funds to plaintiff and her attorneys.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Martoche, J.P., Smith, Peradotto, Carni and Green, JJ.