Opinion
2002-10085.
Decided February 9, 2004.
In an action to foreclose a mortgage, the defendant appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated August 16, 2002, which, in effect, denied his motion to vacate and set aside the foreclosure sale.
Charles Cobbs, St. Albans, N.Y., appellant pro se.
Pittoni, Bonchonsky Zaino, LLP, Garden City, N.Y. (Peter R. Bonchonsky of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, SANDRA L. TOWNES and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly, in effect, denied the defendant's motion to vacate and set aside the foreclosure sale. It is well settled that a foreclosure sale may be set aside when "`fraud, collusion, mistake or misconduct casts suspicion on the fairness of the sale'" ( Liberty Sav. Bank, FSB v. Knab, 281 A.D.2d 602, 603, quoting Polish Natl. Alliance v. White Eagle Hall Co., 98 A.D.2d 400, 407). The defendant failed to establish that the sale should be vacated and set aside.
The defendant's remaining contentions either are unpreserved for appellate review or without merit.
SANTUCCI, J.P., S. MILLER, TOWNES and RIVERA, JJ., concur.