State of N.Y. Mtge. Agency v Farruggia

State of N.Y. Mtge. Agency v Farruggia 2018 NY Slip Op 07601 Decided on November 9, 2018 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 November 9, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CARNI, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.
1163 CA 17-01381

[*1]STATE OF NEW YORK MORTGAGE AGENCY, PLAINTIFF-RESPONDENT,

v

SAM ROBERT FARRUGGIA, DEFENDANT, MICHELLE M. FARRUGGIA, ALSO KNOWN AS MICHELLE FARRUGGIA, DEFENDANT-APPELLANT, ET AL., DEFENDANTS.

THOMAS J. CASERTA, JR., NIAGARA FALLS, FOR DEFENDANT-APPELLANT.

AKERMAN LLP, NEW YORK CITY (JORDAN M. SMITH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered February 17, 2017. The order denied the motion of defendant Michelle M. Farruggia to compel plaintiff to offer her a loan modification.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: November 9, 2018

Mark W. Bennett

Clerk of the Court