Court of Appeals of the State of Georgia ATLANTA, February 21, 2013 The Court of Appeals hereby passes the following order A13D0223. RONALD FITZPATRICK v. THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK .

Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.

LC NUMBERS: 2012CV221678

Court of Appeals of the State of Georgia Clerk's Office, Atlanta, February 21, 2013.

I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.