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Deutsche Bank National Trust Co. v. Young

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


October 20, 2009

DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., RESPONDENT,
v.
KIMBERLEE M. YOUNG, ET AL., APPELLANTS, ET AL., DEFENDANTS.

In an action to foreclose a mortgage, the defendants Kimberlee M. Young and Anthony T. Young appeal from an order of the Supreme Court, Orange County (Owen, J.), dated July 15, 2008, which denied their motion, inter alia, to vacate a final judgment of foreclosure and sale of the same court dated March 24, 2008.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., ANITA R. FLORIO, HOWARD MILLER and LEONARD B. AUSTIN, JJ.

(Index No. 7245/07)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the appellants' contention, the Supreme Court did not err in determining that they waived the issue of standing by failing to timely appear or answer (see CPLR 3211[a][3], [e]; HSBC Bank, USA v Dammond, 59 AD3d 679; Wells Fargo Bank Minn., N.A. v Mastropaolo, 42 AD3d 239).

In light of this determination, we need not reach the appellants' remaining contention.

RIVERA, J.P., FLORIO, MILLER and AUSTIN, JJ., concur.

20091020

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