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MATTER OF KISSOUS v. FUTERMAN

2020-00524. Index No. 85196/17.

217 A.D.3d 1002 (2023)

2023 NY Slip Op 03499

In the Matter of Albert Kissous, Respondent, v. Elka Futerman et al., Respondents, and Mr. Cooper, Successor by Name Change to Nationstar Mortgage LLC, Appellant.

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

Decided June 28, 2023.

Attorney(s) appearing for the Case

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Daniel S. LoPresti of counsel), for appellant.

Crawford & DeSantis, LLP, Staten Island, NY ( Allyn J. Crawford and Joseph DiMitrov of counsel), for petitioner-respondent.

Duffy, J.P., Rivera, Christopher and Voutsinas, JJ., concur.

In a proceeding pursuant to CPLR 5206(e) to compel the sale of a homestead to satisfy a money judgment, the appeal is from an order of the Supreme Court, Richmond County (Annette M. Scarano, Ct. Atty. Ref.), dated November 22, 2019. The order directed that the lien of Nationstar Mortgage, LLC, incorrectly named herein as Mr. Cooper, is subordinate to that of the petitioner with respect to the proceeds of the sale of the real property at issue.

Ordered that on the...

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