U.S. Bank N.A. v Balderston
2018 NY Slip Op 05421 [163 AD3d 1484]
July 25, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 29, 2018


[*1]
 U.S. Bank National Association, as Trustee for Residential Asset Securities Corporation Home Equity Mortgage Asset-Backed Pass-Through Certificates Series 2006-KS2, Respondent,
v
Michael Balderston et al., Defendants, and Philip Ciufo, Appellant. (Appeal No. 2.)

Philippone Law Offices, Rochester (James V. Philippone of counsel), for defendant-appellant.

Ras Boriskin, LLC, Westbury (Chris Lestak of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered January 27, 2017. The order, inter alia, granted the motion of plaintiff for summary judgment against defendant Philip Ciufo, and struck the answer of that defendant.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in U.S. Bank N.A. v Balderston ([appeal No. 1] 163 AD3d 1482 [4th Dept 2018]). Present—Smith, J.P., Centra, Lindley, Curran and Winslow, JJ.