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BANK OF N.Y. MELLON v. TOSCANO

2019-08716, 2019-08717, 2020-01005. Index No. 135583/14.

216 A.D.3d 607 (2023)

189 N.Y.S.3d 524

2023 NY Slip Op 02294

Bank of New York Mellon, Formerly Known as Bank of New York, as Trustee for the Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2006-22, Respondent, v. Laura Toscano, Also Known as Laura Giammarino, et al., Defendants. East Fork Funding, LLC, Nonparty Appellant.

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

Decided May 3, 2023.

Attorney(s) appearing for the Case

Rosenberg Fortuna & Laitman LLP, Garden City, NY ( Anthony R. Filosa of counsel), for nonparty-appellant.

Davidson Fink LLP, Rochester, NY ( Richard N. Franco of counsel), for respondent.

Dillon, J.P., Zayas, Dowling and Wan, JJ., concur.

In an action to foreclose a mortgage, nonparty East Fork Funding, LLC, as successor in interest to the defendant Laura Toscano, appeals from (1) an undated order of the Supreme Court, Richmond County (Desmond A. Green, J.), (2) an order and judgment of foreclosure and sale (one paper) of the same court dated May 13, 2019, and (3) an order of the same court dated December 12, 2019. The undated order, insofar as appealed from, granted...

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