Jones v Sallie Mae Servicing Corp.

Jones v Sallie Mae Servicing Corp. 2007 NY Slip Op 01683 [37 AD3d 762] February 27, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 11, 2007

Daryll Jones, Appellant,
v
Sallie Mae Servicing Corp. et al., Respondents.

—[*1] Daryll Boyd Jones, Laurelton, N.Y., for appellant.

Gallagher, Harnett & Lagalante, LLP, New York, N.Y. (Brian K. Gallagher of counsel), for respondent Sallie Mae Servicing Corp.

Andrew M. Cuomo, Attorney General, New York, N.Y. (Robert H. Easton and Daniel J. Chepaitis of counsel), for respondent New York Higher Education Servicing Corp.

In an action, inter alia, for a judgment directing the cancellation of certain student loans, the plaintiff appeals from an order of the Supreme Court, Kings County (Held, J.), dated September 26, 2005, which denied his application, in effect, to vacate two decisions of the same court, dated August 2, 2005 and August 24, 2005, respectively.

Ordered that the appeal is dismissed, without costs or disbursements.

No appeal lies from an order denying an application to vacate a decision (see Chapin v Chapin, 295 AD2d 389 [2002]; Matter of Colonial Penn Ins. Co. v Culley, 144 AD2d 363 [1988]; see also Cogen v Robin Klinger Children's Entertainment, 17 AD3d 619 [2005]). Miller, J.P., Spolzino, Ritter and Lifson, JJ., concur.