| Citibank, N.A. v Brach |
| Motion No: 2008-02582 |
| Slip Opinion No: 2008 NYSlipOp 87043(U) |
| Decided on October 23, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M77575
Y/prt/nl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
|
2008-02582 Citibank, N.A., plaintiff, v Joseph Brach, et al., defendants. (Index No. 18669/06)
| DECISION & ORDER ON APPLICATION |
Application by the plaintiff pursuant to CPLR 5704(a) to vacate an ex parte order of the Supreme Court, Kings County (Jacobson, J.), dated January 22, 2008, which, in an action to foreclose a mortgage, denied its ex parte application for an order of reference.
ORDERED that the application pursuant to CPLR 5704(a) is granted, the order of January 22, 2008, is vacated, the plaintiff's application for an order of reference is granted, and the matter is remitted to the Supreme Court, Kings County, for the entry of an appropriate order appointing a referee.
As the plaintiff's papers on their face established the plaintiff's entitlement to the relief sought (see Village Bank v Wild Oaks Holding, 196 AD2d 812; see also Federal Home Loan Mtge. Corp. v Karastathis, 237 AD2d 558; DiNardo v Patcam Serv. Stat., 228 AD2d 543), the Supreme Court should have issued the order of reference as requested by the plaintiff.
FISHER, J.P., FLORIO, ANGIOLILLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court