US BANK NATIONAL ASSOCIATION PLAINTIFF APPELLANT v. PAUL SINAY LINDA SINAY LARRY GERAW AND SHIRLEY MONTANA DEFENDANTS RESPONDENTS (2017)

Supreme Court, Appellate Division, Fourth Department.

US BANK NATIONAL ASSOCIATION, PLAINTIFF–APPELLANT, v. PAUL SINAY, LINDA D. SINAY, LARRY GERAW AND SHIRLEY L. MONTANA, DEFENDANTS–RESPONDENTS.

CA 16–00406

Decided: February 03, 2017

PRESENT: SMITH, J.P., CARNI, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.

WOODS OVIATT GILMAN LLP, ROCHESTER (MICHAEL JABLONSKI OF COUNSEL), FOR PLAINTIFF–APPELLANT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order and judgment so appealed from is unanimously affirmed without costs.

Memorandum: In this mortgage foreclosure action, plaintiff appeals from an order and judgment that denied its motion seeking to vacate an order and judgment entered on August 27, 2013, in which Supreme Court sua sponte dismissed the complaint after plaintiff missed a deadline set forth in a scheduling order to file an application for an order of reference. Contrary to plaintiff's contention, the court did not abuse its discretion in denying the motion inasmuch as plaintiff's motion to vacate was brought approximately 19 months after the August 27, 2013 dismissal order (see generally Nash v. Port Auth. of N.Y. & N.J., 22 NY3d 220, 225–226).

Frances E. Cafarell

Clerk of the Court

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