- September 23, 2019
Ranalli Law Group, PLLC, Hauppauge, NY (Ernest E. Ranalli of
counsel), for appellant.
Bradshaw Law Group, P.C., New York, NY (Diane Bradshaw of
counsel), for nonparty-respondent.
LEONARD B. AUSTIN, J.P. SHERI S. ROMAN BETSY BARROS FRANCESCA
E. CONNOLLY, JJ.
DECISION & ORDER
action to foreclose a mortgage, the defendant Stephanie
Colace appeals from an order of the Supreme Court, Suffolk
County (C. Randall Hinrichs, J.), dated August 22, 2017. The
order, insofar as appealed from, denied those branches of
that defendant's motion which were pursuant to CPLR 2221
for leave to renew and/or reargue with respect to the
plaintiff's prior motion, inter alia, for an order of
reference, pursuant to CPLR 5015(a)(2), (3), and(4) to vacate
a judgment of foreclosure and sale entered June 18, 2014, and
pursuant to CPLR 2003 to vacate the foreclosure sale of the
that the appeal from so much of the order as denied that
branch of the motion of the defendant Stephanie Colace which
was for leave to reargue is dismissed, as no appeal lies from
the denial of reargument; and it is further, ORDERED that the
order is affirmed insofar as reviewed; and it is further,
ORDERED that one bill of costs is awarded to the plaintiff.
December 2009, Wells Fargo Bank, N.A. (hereinafter Wells
Fargo), commenced this action against the defendant Stephanie
Colace (hereinafter the defendant), among others, to
foreclose a mortgage on property located in Huntington
Station. After the defendant failed to answer the complaint,
the Supreme Court granted Wells Fargo's motion, inter
alia, for an order of reference and later issued a judgment
of foreclosure and sale, which was entered on June 18, 2014.
7, 2016, Wells Fargo executed an assignment of judgment,
pursuant to which it assigned the judgment of foreclosure and
sale to 21st Mortgage Corporation (hereinafter 21st
Mortgage). On August 17, 2016, the Referee conducted a
foreclosure sale, at which 21st Mortgage was the highest
bidder. By referee's deed dated October 17, 2016, the
Referee conveyed the premises to 21st Mortgage.
order to show cause dated July 17, 2017, the defendant moved,
inter alia, pursuant to CPLR 2221 for leave to renew and/or
reargue with respect to a prior determination "granting
summary judgment in favor of the plaintiff," pursuant to
CPLR 5015(a)(2), (3), and (4) to vacate the judgment of
foreclosure and sale, and pursuant to CPLR 2003 to vacate the
foreclosure sale. The defendant argued that Wells Fargo
should have been denied summary judgment and that the
judgment of foreclosure and sale should be vacated because
Wells Fargo failed to prove its compliance with RPAPL 1303
and 1304. 21st Mortgage opposed the motion. By order dated
August 22, 2017, the Supreme Court denied the motion. The
judgment of foreclosure and sale . . . against a defendant is
final as to all questions at issue between the parties, and
concludes all matters of defense which were or might have
been litigated in the foreclosure action" (Long Is.
Sav. Bank v Mihalios, 269 A.D.2d 502, 503; see
Archibald v Wells Fargo Bank, N.A., 166 A.D.3d 573, 573;
Tromba v Eastern Fed. Sav. Bank, FSB, 148 A.D.3d
753, 754; Dupps v Betancourt, 121 A.D.3d 746, 747;
Signature Bank v Epstein, 95 A.D.3d 1199, 1201).
Therefore, we agree with the Supreme Court's
determination that a motion pursuant to CPLR 2221 was not
"the proper procedural vehicle to address [the] final
judgment" (Maddux v Schur, 53 A.D.3d 738, 739).
the defendant failed to provide any basis for vacatur of the
judgment of foreclosure and sale pursuant to CPLR 5015(a)(2),
(3), or (4).
we agree with the Supreme Court's determination to deny
those branches of the defendant's motion which were
pursuant to CPLR 2221(e) for leave to renew the plaintiffs
purported summary judgment motion and pursuant to CPLR