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WILMINGTON SAV. FUND SOCY., FSB v. THOMAS

2022-01772, Index No. 613226/17.

2024 NY Slip Op 02221

WILMINGTON SAVINGS FUND SOCIETY, FSB, ETC., Respondent, v. THEODORE FULLER THOMAS, ET AL., Appellants, ET AL., Defendants.

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

Decided April 24, 2024.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( James Tierney and Steven Amshen of counsel), for appellants.

Hinshaw & Culbertson LLP, New York, NY ( Margaret J. Cascino of counsel), for respondent.

Before: Mark C. Dillon, J.P., Cheryl E. Chambers, Helen Voutsinas, Carl J. Landicino, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendants Theodore Fuller Thomas and Lynne Campisi Thomas appeal from an order of the Supreme Court, Suffolk County (James Hudson, J.), dated February 3, 2022. The order, insofar as appealed from, denied those branches of those defendants' motion which were pursuant to CPLR 5015(a)(4) to vacate an order and judgment of foreclosure and sale (one paper) of the same court entered December 23, 2020, and...

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