| U.S. Bank N.A. v Feliciano |
| 2013 NY Slip Op 01076 [103 AD3d 791] |
| February 20, 2013 |
| Appellate Division, Second Department |
| U.S. Bank National Association,Respondent, v Betsy Feliciano et al., Appellants, et al.,Defendant. |
—[*1] Rosicki, Rosicki & Associates, P.C., Plainview, N.Y. (Andrew Morganstern ofcounsel), for respondent.
In an action to foreclose a mortgage, the defendants Betsy Feliciano and FelipeFeliciano appeal from an order of the Supreme Court, Westchester County (Lefkowitz,J.), entered April 18, 2012, which denied their motion, inter alia, for leave to renew theirprior cross motion to vacate a judgment of foreclosure and sale of the same court datedDecember 12, 2011, to dismiss the complaint insofar as asserted against them, and tocancel a notice of pendency.
Ordered that the order entered April 18, 2012, is affirmed, with costs.
" 'The method of service provided for in an order to show cause is jurisdictional innature and must be strictly complied with' " (City of New York v Miller, 72 AD3d 726, 727 [2010],quoting Matter of El GrecoSocy. of Visual Arts, Inc. v Diamantidis, 47 AD3d 929, 929 [2008]). Here, theSupreme Court properly denied the appellants' cross motion, as they did not strictlycomply with the time requirements set forth in the order to show cause (see Lobo v Soto, 73 AD3d1135, 1136 [2010]; City of New York v Miller, 72 AD3d at 727;Scharmann's Inc. v 388 W. Broadway, 258 AD2d 262 [1999]).
In light of our determination, we need not reach the appellants' remainingcontentions. Skelos, J.P., Dickerson, Chambers and Hinds-Radix, JJ., concur.