Wells Fargo Bank, N.A. v Leiba

Wells Fargo Bank, N.A. v Leiba 2009 NY Slip Op 07833 [66 AD3d 1008] October 27, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

Wells Fargo Bank, N.A., Respondent,
v
Leo Leiba et al., Defendants, and Lisa Morris, Appellant.

—[*1] Lisa Morris, Bronx, N.Y., appellant pro se.

Steven J. Baum, P.C., Amherst, N.Y. (Michael J. Wrona of counsel), for respondent.

In an action to foreclose a mortgage, the defendant Lisa Morris appeals from an order of the Supreme Court, Westchester County (Liebowitz, J.), entered December 11, 2007, which denied her motion, inter alia, to vacate a judgment of foreclosure and sale dated October 27, 2005, entered upon the defendants' default in answering the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the motion of the defendant Lisa Morris to vacate a judgment of foreclosure and sale dated October 27, 2005, as she failed to serve the order to show cause by which the motion was initiated in the manner specified, and within the time provided (see CPLR 2214 [d]; Alden Personnel, Inc. v David, 38 AD3d 697, 698 [2007]).

In view of our determination, we need not reach the parties' remaining contentions. Dillon, J.P., Florio, Belen and Roman, JJ., concur.