MATRIX FINANCIAL SERVICES CORPORATION v. McKIERNAN (2004)

Supreme Court, Appellate Division, Second Department, New York.

MATRIX FINANCIAL SERVICES CORPORATION, respondent, v. Peter G. McKIERNAN, appellant, et al., defendants.

Decided: December 06, 2004

NANCY E. SMITH, J.P., DANIEL F. LUCIANO, REINALDO E. RIVERA, and ROBERT A. LIFSON, JJ.

Peter G. McKiernan, White Plains, N.Y., appellant pro se. Steven J. Baum, P.C., Amherst, N.Y. (Caren L. Samplin and Kevin J. Kane of counsel), for respondent.

In an action to foreclose a mortgage on real property, the defendant Peter G. McKiernan appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered January 6, 2004, which denied his motion to vacate the foreclosure sale.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion to vacate the foreclosure sale. The appellant failed to establish that “a substantial right of a party was prejudiced” by the trivial irregularities in the notice of sale (RPAPL 231[6]; see Citibank v. Glen Cove Servicing Corp., 265 A.D.2d 520, 696 N.Y.S.2d 869; Marine Midland Bank v. Trennes, 250 A.D.2d 653, 671 N.Y.S.2d 693; Amresco New England II v. Denino, 283 A.D.2d 599, 725 N.Y.S.2d 78).

The appellant's remaining contention does not warrant reversal.

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