Dime Savings Bank of New York, FSB v David N. Higner

Dime Sav. Bank of N. Y., Fsb v Higner 2005 NY Slip Op 02070 [16 AD3d 1180] Decided on March 18, 2005 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 18, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, LAWTON, AND HAYES, JJ.
275 CA 04-01838

[*1]THE DIME SAVINGS BANK OF NEW YORK, FSB, PLAINTIFF-RESPONDENT, ORDER

v

DAVID N. HIGNER, CHARLENE HIGNER, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

Appeal from an amended order of the Erie County Court (Michael L. D'Amico, J.), entered October 9, 2003 in a foreclosure action. The amended order, among other things, granted plaintiff's motion seeking summary judgment and an order of reference and denied the cross motion of defendants David N. Higner and Charlene Higner to amend their answer.

JAMES OSTROWSKI, BUFFALO, FOR DEFENDANTS-APPELLANTS.
STEVEN J. BAUM, P.C., AMHERST (JOHN A. BELLUSCIO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

It is hereby ORDERED that the amended order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: March 18, 2005
JoAnn M. Wahl
Clerk of the Court