PHH Mortgage Corp. v. Hamer ( 2017 )

PHH Mtge. Corp. v Hamer (2017 NY Slip Op 04731)

PHH Mtge. Corp. v Hamer

2017 NY Slip Op 04731

Decided on June 9, 2017

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 9, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.

833 CA 17-00172

[*1]PHH MORTGAGE CORPORATION, PLAINTIFF-APPELLANT,

v

MICHAEL HAMER, ALSO KNOWN AS MICHAEL J. HAMER, ET AL., DEFENDANTS, AND ROBERT J. NICHOLSON, RESPONDENT.

SHAPIRO, DICARO & BARAK, LLC, ROCHESTER (AUSTIN T. SHUFELT OF COUNSEL), FOR PLAINTIFF-APPELLANT.

AMDURSKY, PELKY, FENNELL & WALLEN, P.C., OSWEGO (TIMOTHY J. FENNELL OF COUNSEL), FOR RESPONDENT.

Appeal from an order of the Supreme Court, Oswego County (James W. McCarthy, J.), entered May 19, 2016. The order, among other things, denied plaintiff's motion to vacate the foreclosure sale and relieve the bid of third-party purchaser Robert J. Nicholson.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: June 9, 2017

Frances E. Cafarell

Clerk of the Court