Charter One Bank, FSB v Mills
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Charter One Bank, FSB v Mills
2013 NY Slip Op 08724
Released on December 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.
1255 CA 12-02062
[*1]CHARTER ONE BANK, FSB, SUCCESSOR BY MERGER TO ALBANK, FSB, PLAINTIFF-RESPONDENT,
v
RICHARD F. MILLS, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 3.)
Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), rendered October 10, 2012. The order denied the motion of defendant Richard F. Mills to vacate a default judgment of foreclosure.
RICHARD F. MILLS, DEFENDANT-APPELLANT PRO SE.
HARRIS BEACH PLLC, PITTSFORD (JOHN A. MANCUSO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Released on December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.
1255 CA 12-02062
[*1]CHARTER ONE BANK, FSB, SUCCESSOR BY MERGER TO ALBANK, FSB, PLAINTIFF-RESPONDENT,
v
RICHARD F. MILLS, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 3.)
Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), rendered October 10, 2012. The order denied the motion of defendant Richard F. Mills to vacate a default judgment of foreclosure.
RICHARD F. MILLS, DEFENDANT-APPELLANT PRO SE.
HARRIS BEACH PLLC, PITTSFORD (JOHN A. MANCUSO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Same Memorandum as in Charter One Bank v Mills ([appeal No. 1] ___ AD3d ___ [Dec. 27, 2013]).
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court
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