Jeannette Schachter Hilf v Esther Gelbelman

Hilf v Gelbelman 2004 NY Slip Op 02715 [6 AD3d 497] April 12, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 30, 2004

Jeannette S. Hilf, Plaintiff,
v
Esther Gelbelman et al., Respondents, Joel Arbisser, Appellant, et al., Defendants.

—[*1]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."

Ordered that the order is affirmed, with costs.

As this Court has already determined, the instant action was withdrawn (see Arbisser v Gelbelman, 286 AD2d 693, 694 [2001]). 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.