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U.S. BANK TRUST, N.A. v. CAPUTO

2019-11911, Index No. 613114/15.

2022 NY Slip Op 02303

U.S. BANK TRUST, N.A., ETC., Plaintiff-Respondent, v. JOHN CAPUTO, ET AL., Defendants; ARMAND RETAMOZZO, Intervenor-Appellant, PAULA J. WARMUTH, Nonparty-Respondent.

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

Decided April 6, 2022.

Attorney(s) appearing for the Case

Louis Rosado , Buffalo, NY, for intervenor-appellant.

Stern & Eisenberg, Depew, NY ( Arsenio Rodriguez of counsel), for plaintiff-respondent.

Before: Mark C. Dillon, J.P., Colleen D. Duffy, Valerie Brathwaite Nelson, Linda Christopher, JJ.

In an action to foreclose a mortgage, the intervenor, Armand Retamozzo, appeals from an order of the Supreme Court, Suffolk County (William G. Ford, J.), dated September 5, 2019. The order, insofar as appealed from, denied that branch of the motion of the intervenor, Armand Retamozzo, which was to set aside the foreclosure sale of the subject property.

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

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