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BANK OF N.Y. MELLON v. CASALE

2015-01198, Index No. 3220/10.

140 A.D.3d 682 (2016)

33 N.Y.S.3d 345

2016 NY Slip Op 04164

BANK OF NEW YORK MELLON, Formerly Known as THE BANK OF NEW YORK, as Trustee for the CERTIFICATEHOLDERS OF CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-BC1, Respondent, v. RALPH CASALE et al., Appellants, et al., Defendants.

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

Decided June 1, 2016.

Ordered that the judgment of foreclosure and sale is affirmed, with costs.

The plaintiff commenced this action to foreclose a mortgage. In an order dated October 8, 2010, the Supreme Court granted the plaintiff's motion for an order of reference, upon the appellants' failure to answer the complaint.

The plaintiff subsequently moved to vacate the order of reference dated October 8, 2010, and for a new order of reference, to comply with the requirements of the...

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