| MIDFIRST BANK V ANDREW J. BELLINGER, CARRIE L. BELLINGER . |
| Motion No: OP 13-00558 |
| Slip Opinion No: 2013 NY Slip Op 70730(U) |
| Decided on April 12, 2013 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND MARTOCHE, JJ.
DOCKET NO. OP 13-00558
| MIDFIRST BANK, PLAINTIFF, V ANDREW J. BELLINGER,
CARRIE L. BELLINGER, ET AL., DEFENDANTS. |
Appellant, pursuant to CPLR 5704 (a), having moved, upon the return of an order to show cause granted by the Honorable Salvatore R. Martoche on March 25, 2013, to overturn and vacate Supreme Court's order and judgment of dismissal entered in the Office of the Clerk of the County of Onondaga on January 3, 2013, to modify an order of said court entered August 31, 2012, for leave to proceed with an application to Supreme Court for a judgment of foreclosure and sale, and for other relief,
Now, upon reading and filing the affirmation of Michelle D. Maccagnano, Esq., dated March 25, 2013, and said show cause order with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, without prejudice to a motion in Supreme Court to vacate that court's order and judgment of dismissal entered January 3, 2013.
Entered: April 12, 2013
Frances E. Cafarell, Clerk