Nationstar Mtge., LLC v. Sorano , 2019 NY Slip Op 5675 ( 2019 )

Nationstar Mtge., LLC v Sorano (2019 NY Slip Op 05675)

Nationstar Mtge., LLC v Sorano

2019 NY Slip Op 05675

Decided on July 17, 2019

Appellate Division, Second 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 July 17, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
JEFFREY A. COHEN
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.

2016-12204
(Index No. 65570/14)

[*1]Nationstar Mortgage, LLC, respondent,

v

Debra Sorano, et al., defendants, Richard T. Wieland, Jr., nonparty-appellant.

Richard T. Wieland, Jr., Cortlandt Manor, NY, nonparty-appellant pro se.

Sandelands Eyet LLP, New York, NY (William C. Sandelands of counsel), for respondent.

DECISION & ORDER

In an action to foreclose a mortgage, nonparty Richard T. Wieland, Jr., appeals from an order of the Supreme Court, Westchester County (Sam D. Walker, J.), dated September 30, 2016. The order, insofar as appealed from, denied his separate motions to vacate a judgment of foreclosure and sale of the same court dated August 26, 2015, and to stay the foreclosure sale of the subject property.

ORDERED that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court's determination that nonparty Richard T. Wieland, Jr. (hereinafter the appellant), failed to establish his entitlement to vacate a judgment of foreclosure and sale dated August 26, 2015 (see CPLR 5015[a]). Further, the appellant failed to establish any basis to stay the foreclosure sale of the subject property.

The appellant's remaining contentions are without merit.

DILLON, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court