| U.S. Bank N.A. v Allen |
| 2013 NY Slip Op 00479 [102 AD3d 955] |
| January 30, 2013 |
| Appellate Division, Second Department |
| U.S. Bank National Association,Respondent, v Demetra Allen, Appellant. |
—[*1] Locke Lord LLP, New York, N.Y. (R. James DeRose III of counsel), forrespondent.
In an action to foreclose a mortgage, the defendant appeals from an order of theSupreme Court, Kings County (Vaughan, J.), dated December 21, 2011, which deniedher motion, in effect, pursuant to CPLR 5015 (a) (3) to vacate an order of reference ofthe same court dated February 16, 2011, entered upon her default in answering thecomplaint, and to dismiss the complaint.
Ordered that the order dated December 21, 2011, is affirmed, with costs.
The defendant moved, in effect, pursuant to CPLR 5015 (a) (3) to vacate an order ofreference entered upon her default in answering the complaint, and to dismiss thecomplaint. The defendant argued that the plaintiff lacked standing to commence theforeclosure action based upon an alleged fraudulent assignment and other relateddocuments. The Supreme Court denied the motion, and the defendant appeals.
The defendant failed to make a showing that the plaintiff engaged in the type offraud or misconduct that would warrant vacatur of the order of reference pursuant toCPLR 5015 (a) (3) (see U.S. Bank N.A. v Tate, 102 AD3d 859 [2013]; Deutsche Bank Natl. Trust Co. v Hunter, 100AD3d 810 [2012]; Bank of N.Y. v Stradford, 55 AD3d 765, 766 [2008];Aames Capital Corp. v Davidsohn, 24 AD3d 474, 475 [2005]).
The defendant's remaining contentions are without merit.
Accordingly, the Supreme Court properly denied the defendant's motion, in effect,pursuant to CPLR 5015 (a) (3) to vacate her default, and to dismiss the complaint.Skelos, J.P., Dillon, Hall and Miller, JJ., concur.