One Funding v Sosin Home
Motion No: 2020-00511
Slip Opinion No: 2020 NY Slip Op 63918(U)
Decided on March 2, 2020
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M270010

kbp/

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2020-00511

One Funding, respondent,

v Sosin Home, et al., defendants,

Thelma Irving, appellant.

(Index No. 515526/17)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay the foreclosure sale of the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 31, 2019, to vacate the default in the underlying mortgage foreclosure action, and to dismiss the complaint in its entirety.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is dismissed for failure to provide proof of service in accordance with the terms of the order to show cause.

DILLON, J.P., BALKIN, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court