Deutsche Bank Natl. Trust Co. v Young

2009 NY Slip Op 07578 [66 AD3d 819]

October 20, 2009

Appellate Division, Second Department

As corrected through Wednesday, December 9, 2009

Deutsche Bank National Trust Company,Respondent, v Kimberlee M. Young et al., Appellants, et al.,Defendants.

—[*1]Clair & Gjertsen, Scarsdale, N.Y. (Ira S. Clair of counsel), for appellants.

Steven J. Baum, P.C., Amherst, N.Y. (Suzanne E. Panara and Caren L. Samplin of counsel),for respondent.

In an action to foreclose a mortgage, the defendants Kimberlee M. Young and Anthony T.Young appeal from an order of the Supreme Court, Orange County (Owen, J.), dated July 15,2008, which denied their motion, inter alia, to vacate a final judgment of foreclosure and sale ofthe same court dated March 24, 2008.

Ordered that the order is affirmed, with costs.

Contrary to the appellants' contention, the Supreme Court did not err in determining that theywaived the issue of standing by failing to timely appear or answer (see CPLR 3211 [a][3]; [e]; HSBC Bank, USA vDammond, 59 AD3d 679 [2009]; Wells Fargo Bank Minn., N.A. v Mastropaolo, 42 AD3d 239[2007]).

In light of this determination, we need not reach the appellants' remaining contention.Rivera, J.P., Florio, Miller and Austin, JJ., concur.