BANK OF N.Y. MELLON v. COLUCCI

2012-10170, Index No. 16351/10.

138 A.D.3d 1047 (2016)

30 N.Y.S.3d 667

2016 NY Slip Op 03129

BANK OF NEW YORK MELLON, for the CERTIFICATEHOLDERS ALTERNATIVE LOAN TRUST 2007-11T1 MORTGAGE PASS-THROUGH CERTIFICATE, SERIES 2007-11T1, Respondent, v. DONALD COLUCCI, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 27, 2016.


In an action to foreclose a mortgage, the defendant Donald Colucci appeals from an order of the Supreme Court, Suffolk County (Farneti, J.), dated September 12, 2012, which denied his motion, inter alia, for leave to interpose a late answer.

Ordered that the order is affirmed, with costs.

"To extend the time to answer the complaint and to compel the plaintiff to accept an untimely answer as timely, a defendant must provide a reasonable excuse for the delay...

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