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WILMOT v. KIRIK

786 CA 21-01555.

210 A.D.3d 1432 (2022)

176 N.Y.S.3d 502

2022 NY Slip Op 06368

Thomas C. WILMOT, Sr., et al., Respondents-Appellants, v. Tony Kirik, Appellant-Respondent, and County of Monroe, Respondent-Appellant.

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

Decided November 10, 2022.

Attorney(s) appearing for the Case

ROSENHOUSE LAW FIRM, ROCHESTER (MICHAEL A. ROSENHOUSE OF COUNSEL, FOR DEFENDANT-APPELLANT-RESPONDENT.

HARRIS BEACH PLLC, PITTSFORD (H. TODD BULLARD OF COUNSEL, FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.

JOHN P. BRINGEWATT, COUNTY ATTORNEY, ROCHESTER (ADAM M. CLARK OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.

Present—Lindley, J.P., NeMoyer, Winslow, Bannister and Montour, JJ.

Appeal and cross appeals from a judgment (denominated order) of the Supreme Court, Monroe County (Debra A. Martin, A.J.), entered October 22, 2021. The judgment, among other things, set aside the judgment of foreclosure of the property at issue and vacated the referee's deed issued to defendant Tony Kirik.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at...

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