Charter One Bank, FSB v. Mills — 112 A.D.3d 1341

Majority

p. 1341

Charter One Bank, FSB, Successor by Merger to Albank, FSB, Respondent, v Richard F. Mills, Appellant, et al., Defendants.

(Appeal No. 3.)

[976 NYS2d 913]

Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), rendered October 10, 2012. The order denied the motion of defendant Richard F. Mills to vacate a default judgment of foreclosure.

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

Same memorandum as in Charter One Bank v Mills ( 112 AD3d 1338 [2013]). Eresent — Smith, J.E, Fahey, Garni, Valentino and Whalen, JJ.

Cases cited

Charter One Bank, FSB v. Mills 112 AD3d 1338 N.Y. App. Div. 2013-12-27 p. 1341