PII LLC v. Vincent Mazzurco, appellant, et al., defendants. (2013)

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

PII Sam, LLC, respondent, v. Vincent Mazzurco, appellant, et al., defendants.

2011–11761 (Index No. 5297 /07)

Decided: May 22, 2013

RANDALL T. ENG, P.J. REINALDO E. RIVERA DANIEL D. ANGIOLILLO RUTH C. BALKIN, JJ.

Harvey Sorid, Uniondale, N.Y. (Melissa Montenes of counsel), for appellant. Deutsch & Schneider, LLP, Glendale, N.Y. (William J. Fielding of counsel), for respondent.

Argued—April 4, 2013

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Vincent Mazzurco appeals from an order of the Supreme Court, Queens County (Strauss, J.), dated October 25, 2011, which denied his motion to set aside the foreclosure sale of the subject property.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion to set aside the foreclosure sale without conducting a hearing because the appellant failed to establish that the sale violated RPAPL 231(4) such that a substantial right of a party was prejudiced (see Johnson v. 1476–A Fulton St. Corp., 84 AD3d 1316; Matrix Fin. Servs. Corp. v. McKiernan, 13 AD3d 344, 344; cf. Meade v. JD Venture Capital, LLC, 38 AD3d 858, 859).

ENG, P.J., RIVERA, ANGIOLILLO and BALKIN, JJ., concur.

ENTER: z

Aprilanne Agostino

Clerk of the Court

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