Wells Fargo Bank, N.A. v Cisse

Wells Fargo Bank, N.A. v Cisse 2017 NY Slip Op 08894 Decided on December 21, 2017 Appellate Division, First 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 December 21, 2017
Tom, J.P., Friedman, Renwick, Kahn, Kern, JJ.
5268N 382162/09

[*1] Wells Fargo Bank, N.A., Plaintiff-Respondent,

v

Mohamed Cisse, Defendant-Appellant, Bronx Supreme Court, et al., Defendants.

Mohamed Cisse, appellant pro se.

Reed Smith LLP, New York (Kerren B. Zinner of counsel), for respondent.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered November 13, 2015, which, to the extent appealed from, granted plaintiff's motion for an order of reference and a default judgment against defendant Cisse, unanimously affirmed, without costs.

It is unnecessary to consider whether defendant demonstrated a meritorious defense to this foreclosure action, because he failed to demonstrate a reasonable excuse, or indeed any excuse, for his failure to answer the complaint or otherwise timely appear in this action, which was commenced in 2009 (see Mutual

Mar. Off., Inc. v Joy Constr. Corp., 39 AD3d 417, 419 [1st Dept 2007]; see also Wells Fargo Bank, N.A. v Mazzara, 124 AD3d 875 [2d Dept 2015]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 21, 2017

DEPUTY CLERK