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WELLS FARGO BANK v. DAVIS

8 Misc.3d 561 (2005)

WELLS FARGO BANK MINNESOTA N.A., as Trustee for DELTA FUNDING HOME EQUITY LOAN TRUST 1998-3, Plaintiff, v. EUGENE DAVIS et al., Defendants.

Supreme Court, Kings County.

May 2, 2005.

Attorney(s) appearing for the Case

DeRose & Surico, Bayside, for plaintiff.

Jay S. Markowitz, P.C., Kew Gardens, for Eugene Davis, defendant.

Schrier, Fiscella & Sussman, LLC, Mineola, for Edna Hodge, defendant.

Manton, Sweeney, Galla, Riech & Bolz, LLP, Rego Park, for Household Finance Realty Corp. of New York, defendant.

Michael A. Cardozo, Corporation Counsel, for City of New York, defendant.

Eliot Spitzer, Attorney General, Hauppauge, for People of State of New York, defendant.

Abdul Hodge, defendant pro se.

OPINION OF THE COURT

HERBERT KRAMER, J.

The owner of the equity of redemption in the underlying foreclosure proceeding moved this court to confirm the report of the referee to sell and for the appointment of a referee in a surplus money proceeding.1 The motion was marked "Submitted No Opposition." It appears from the report of sale that the referee to sell retained or otherwise received a sum of $1,250. There is no judicial order...

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