| Mortgage Elec. Registration Sys., Inc. v Korolizky |
| 2008 NY Slip Op 06811 [54 AD3d 737] |
| September 9, 2008 |
| Appellate Division, Second Department |
| Mortgage Electronic Registration Systems, Inc.,Respondent, v Menachem Korolizky et al., Appellants. |
—[*1] Berkman, Henoch, Peterson & Peddy, P.C., Garden City, N.Y. (Bruce D. Mael and JonathanM. Cohen of counsel), for respondent.
In an action to foreclose a mortgage, the defendants appeal from an order of the SupremeCourt, Rockland County (Weiner, J.), dated June 21, 2007, which denied the motion of thedefendant Miriam Goldstein to vacate a judgment of foreclosure and sale of the same court datedJune 27, 2006, entered upon her default in appearing.
Ordered that the appeal by the defendants Menachem Korolizky and Board of Managers ofthe 7 Stysly Land Condominium is dismissed, as they are not aggrieved by the order appealedfrom (see CPLR 5511); and it is further,
Ordered that the order is affirmed on the appeal by the defendant Miriam Goldstein; and it isfurther,
Ordered that the respondent is awarded one bill of costs payable by the defendant MiriamGoldstein.
The contention of the defendant Miriam Goldstein that the respondent lacked standing tocommence this action is without merit (see Mortgage Elec. Registration Sys., Inc. v Coakley, 41 AD3d 674[2007]). Accordingly, the Supreme Court properly denied the motion to vacate the judgment offoreclosure and sale. Santucci, J.P., Angiolillo, Eng and Chambers, JJ., concur.