| Mortgage Elec. Registration Sys., Inc. v Korolizky |
| 2012 NY Slip Op 07279 [100 AD3d 605] |
| November 7, 2012 |
| Appellate Division, Second Department |
| Mortgage Electronic Registration Systems, Inc.,Respondent, v Menachem Korolizky et al., Appellants, et al.,Defendant. |
—[*1] Berkman, Henoch, Peterson, Peddy & Fenchel, P.C. (Goodwin Procter LLP, New York, N.Y.[Adam M. Sparks], of counsel), for respondent.
In an action to foreclose a mortgage, the defendants Menachem Korolizky and MiriamGoldstein appeal from an order of the Supreme Court, Rockland County (Weiner, J.), datedJanuary 7, 2011, which denied the motion of the defendant Miriam Goldstein, in effect, to vacatea judgment of foreclosure and sale dated June 27, 2006, entered upon her default in appearing.
Ordered that the appeal by the defendant Menachem Korolizky is dismissed, as he is notaggrieved by the order appealed from (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 one bill of costs is awarded to the plaintiff, payable by the defendant MiriamGoldstein.
The contention of the defendant Miriam Goldstein that the plaintiff, Mortgage ElectronicRegistration Systems, Inc. (hereinafter MERS), lacked standing to commence this action was notraised before the Supreme Court and, thus, is not properly before this Court (see e.g. Joe v Upper Room Ministries,Inc., 88 AD3d 963, 964 [2011]).
Goldstein's contention that Bank of America, which was assigned the mortgage and notefollowing the commencement of this action, lacks standing because it was not formallysubstituted for MERS, is without merit (see CPLR 1018).
Goldstein's remaining contention is not properly before this Court. Rivera, J.P., Angiolillo,Chambers and Roman, JJ., concur.