YORK HOLDINGS LLC v. SHAFRAN (2000)

Appeal from order, Supreme Court, New York County (Paula Omansky, J.), entered June 22, 1999, which, inter alia, denied defendant's motion to vacate a judgment of foreclosure and sale, unanimously dismissed as moot, without costs.

Subsequent to the issuance of the presently appealed order, the property that was the subject of the disputed judgment of foreclosure and sale was sold at auction and that sale was confirmed in an Order of Confirmation issued by the Bankruptcy Court.   The Order of Confirmation, from which defendant debtor took no appeal (see, 11 USC 363[m] ) and which she did not timely seek to have set aside upon the ground that it had been fraudulently obtained (see, 11 USC 1144), conclusively bars any further challenge by defendant to the authorization for the sale of the subject property (In re Maxwell Communication Corp., 93 F.3d 1036, 1044;  In re Oyster Bay Cove, Ltd., 161 B.R. 338, 343, affd. 196 B.R. 251), regardless of any potential merit to such challenge (In re Gucci, 2d Cir., 105 F.3d 837, 840, cert. denied sub nom. Gucci Design Studio v. Sinatra, 520 U.S. 1196, 117 S.Ct. 1552, 137 L.Ed.2d 701).   This comports with the policy of finality in bankruptcy sales (see, United States v. Salerno, 2d Cir., 932 F.2d 117, 123).

MEMORANDUM DECISION.