Appellate Division of the Supreme Court of the State of New York October 29, 2001 (M & T Mortgage Corp. v. Holland)

—In an action to foreclose a mortgage, the defendant Charles Holland appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Henry, J.), dated April 28, 2000, as granted that branch of the plaintiff’s motion which was to dismiss his counterclaim.

Ordered that the order is affirmed insofar as appealed from, with costs.