Hegazi v. Palmieri

In a mortgage fore*874closure action, the defendant Paul Palmieri appeals from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated October 6, 2009, as denied his application for an attorney’s fee and costs pursuant to 22 NYCRR 130-1.1.

Ordered that on the Court’s own motion, the defendant’s notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court providently exercised its…