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WELLS FARGO BANK, N.A. v. DEERING

975 CA 22-00571.

215 A.D.3d 1293 (2023)

2023 NY Slip Op 02263

Wells Fargo Bank, N.A., as Trustee for Securitized Asset Backed Receivables LLC Trust 2004-OP2, Mortgage Pass-Through Receivables, Series 2004-OP2, Respondent, v. Cheryl A. A. Deering et al., Appellants, et al., Defendants.

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

Decided April 28, 2023.

Attorney(s) appearing for the Case

LAW OFFICE OF JOHN J. KEENAN, HAMBURG ( JOHN J. KEENAN , OF COUNSEL) FOR DEFENDANTS-APPELLANTS.

McGLINCHEY STAFFORD, NEW YORK CITY ( MARGARET J. CASCINO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whelen, P.J., Peradotto, Lindley, Bannister and Montour, JJ.

Appeal from a judgment of the Supreme Court, Chautauqua County (Lynn W. Keane, J.), entered October 7, 2021. The judgment, inter alia, granted the motion of plaintiff for a judgment of foreclosure and sale.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this foreclosure action against, among others, Cheryl A. Deering and Carl G. Deering (defendants) after defendants stopped paying...

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