| GMAC Mtge., LLC v Todaro |
| 2015 NY Slip Op 04607 [129 AD3d 666] |
| June 3, 2015 |
| Appellate Division, Second Department |
[*1]
| GMAC Mortgage, LLC,Respondent, v Jacquelyn Todaro, Appellant, et al.,Defendants. |
Jacquelyn Todaro, Westbury, N.Y., appellant pro se.
Fein, Such, Kahn & Shepard, P.C., Westbury, N.Y. (Michael Hanusek ofcounsel), for respondent.
In an action to foreclose a mortgage, the defendant Jacquelyn Todaro appeals, aslimited by her brief, from so much an order of the Supreme Court, Nassau County(McCormack, J.), dated May 17, 2013, as granted that branch of the plaintiff's motionwhich was, in effect, for a default judgment of foreclosure and sale and denied thatbranch of her motion which was pursuant to CPLR 3215 (c) to dismiss the action insofaras asserted against her as abandoned.
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the appellant's contention, the Supreme Court did not err in refusing todismiss the action insofar as asserted against her as abandoned pursuant to CPLR 3215(c). It is undisputed that the plaintiff moved for and obtained an order of referencepursuant to RPAPL 1321 within one year of the defendants' default. By taking thispreliminary step toward obtaining a default judgment of foreclosure and sale, the plaintiffinitiated proceedings for the entry of the default judgment within the statutory timeframe, and, thus, did not abandon the action (see CPLR 3215 [c]; HSBC Bank USA, N.A. vAlexander, 124 AD3d 838, 839 [2015]; U.S. Bank N.A. v Poku, 118 AD3d 980, 981 [2014]; Klein v St. Cyprian Props.,Inc., 100 AD3d 711, 712 [2012]; Home Sav. of Am., F.A. v Gkanios,230 AD2d 770, 771 [1996]).
To the extent that the appellant's brief purports to also be on behalf of the defendantsBarbara Todaro and Janna Todaro, we note that no appeals were taken by thosedefendants and therefore any contentions raised on their behalf are not properly beforethis Court. Mastro, J.P., Balkin, Sgroi and Duffy, JJ., concur.