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BANK OF N.Y. MELLON TRUST CO., N.A. v. GAMBINO

2020-08876. Index No. 610194/15.

212 A.D.3d 756 (2023)

183 N.Y.S.3d 438

2023 NY Slip Op 00294

Bank of New York Mellon Trust Company, N.A., Respondent, v. Daniel Gambino et al., Defendants. Armand Retamozzo, Nonparty Appellant.

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

Decided January 25, 2023.

Attorney(s) appearing for the Case

Louis Rosado , Buffalo, NY ( Michael Kennedy Karlson of counsel), for nonparty-appellant.

Eckert Seamans Cherin & Mellott, LLC, White Plains, NY ( Keith M. Ferguson and Morgan McCord of counsel), for respondent.

Connolly, J.P., Iannacci, Miller and Ford, JJ., concur.

In an action to foreclose a mortgage, nonparty Armand Retamozzo appeals from an order of the Supreme Court, Suffolk County (Joseph Farneti, J.), dated October 8, 2020. The order, insofar as appealed from, denied those branches of the motion of nonparty Armand Retamozzo which were to set aside the foreclosure sale of the subject property and, in effect, to compel the referee to accept his bid for the purchase of the subject property.

Ordered that the order is affirmed...

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