06-1868-cv

R egions B ank v. W ieder & M astroianni

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO

SUMMARY ORDERS FILED AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY THIS

COURT'S LOCAL RULE 32.1 AND FEDERAL RULE OF APPELLATE PROCEDURE 32.1. IN A BRIEF

OR OTHER PAPER IN WHICH A LITIGANT CITES A SUMMARY ORDER, IN EACH PARAGRAPH IN

W HICH A CITATION APPEARS, AT LEAST ONE CITATION MUST EITHER BE TO THE FEDERAL

APPENDIX OR BE ACCOMPANIED BY THE NOTATION: "(SUMMARY ORDER)." UNLESS THE

SUMMARY ORDER IS AVAILABLE IN AN ELECTRONIC DATABASE W HICH IS PUBLICLY

ACCESSIBLE WITHOUT PAYMENT OF FEE (SUCH AS THE DATABASE AVAILABLE AT

HTTP://W W W .CA2.USCOURTS.GOV/), THE PARTY CITING THE SUMMARY ORDER MUST FILE AND

SERVE A COPY OF THAT SUMMARY ORDER TOGETHER WITH THE PAPER IN W HICH THE

SUMMARY ORDER IS CITED. IF NO COPY IS SERVED BY REASON OF THE AVAILABILITY OF THE

ORDER ON SUCH A DATABASE, THE CITATION M UST INCLUDE REFERENCE TO THAT DATABASE

AND THE DOCKET NUMBER OF THE CASE IN WHICH THE ORDER WAS ENTERED.

At a stated term of the United States Court of Appeals for the Second Circuit, held at

the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New

York, on the 29 th day of February, two thousand and eight,

PRESENT: HON. PIERRE N. LEVAL,

HON. ROBERT A. KATZMANN,

Circuit Judges,

HON. CHARLES L. BRIEANT, District Judge.* x Regions Bank d/b/a Regions Funding, Plaintiff-Appellant, v. Case No. 06-1868-cv Wieder & Mastroianni, P.C. and Peter Mastroianni, Defendants-Third-Party Plaintiffs-Appellees, Provident Bank, Inc. d/b/a Provident Consumer Financial Services, Inc., Morning Star Mortgage Bankers, Inc. and Angela Daidone, Third-Party Defendants. x The Honorable Charles L. Brieant, United States District Judge for the Southern District * of New York, sitting by designation. APPEARING FOR APPELLANT: THOMAS J. McNAMARA, CERTILMAN, BALIN ADLER & HYMAN, LLP, East Meadow, New York APPEARING FOR APPELLEES: NEIL W. SILBERBLATT, STEINBERG & CAVALIERE, LLP, White Plains, New York Appeal from the United States District Court for the Southern District of New York (Conner, J.).

ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED.

Plaintiff Regions Bank appeals from the judgment of the United States District Court for the Southern District of New York (Conner, J.), granting summary judgment in favor of defendant Wieder & Mastroianni on Regions Bank's claim of conversion. On November 1, 2007, this panel remanded to the district court, under United States v. Jacobson, 15 F.3d 19, 22 (2d Cir. 1994), for clarification whether the district court's judgment had been based on Ohio law, and, if so, whether it would reach the same result applying New York law to the question of Wieder & Mastroianni's liability for conversion. Regions Bank v. Wieder & Mastroianni, P.C., No. 06-1868-cv, 2007 WL 3230737 (2d Cir. Nov. 1, 2007). On remand, in an opinion and order dated November 26, 2007, the district court made clear that, under New York law, summary judgment must be granted in favor of Wieder & Mastroianni. Regions Bank v. Wieder & Mastroianni, P.C., 526 F. Supp. 2d 411 (S.D.N.Y. 2007).

For the reasons stated by the district court on remand, the judgment of the district court is AFFIRMED.

FOR THE COURT: Catherine O'Hagan Wolfe, Clerk By: