Opinion
Argued March 6, 2001.
March 26, 2001.
In an action to foreclose a mortgage, the defendant, Christopher Knab appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Floyd, J.), dated June 22, 1999, as denied his motion to vacate the judgment of foreclosure and set aside the foreclosure sale.
Caputi, Weintraub Neary, Huntington, N.Y. (Brian P. Neary of counsel), for appellant.
Certilman Balin Adler Hyman, LLP, East Meadow, N.Y. (Robert G. Wilk of counsel), for plaintiff-respondent.
Albin Richman, P.C., Garden City, N.Y., for nonparty-respondent.
Before: LAWRENCE J. BRACKEN, P.J., CORNELIUS J. O'BRIEN, DAVID S. RITTER, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Contrary to the appellant's contention, the Supreme Court properly declined to vacate the judgment of foreclosure entered upon his default, as he failed to demonstrate a reasonable excuse for his default and a meritorious defense (see, CPLR § 5015; Citicorp Mtg. v. Rodelli, 249 A.D.2d 736).
The Supreme Court properly declined to 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" (Polish Nat. Alliance of Brooklyn v. White Eagle Hall Co., 98 A.D.2d 400; see also, Crossland Mtg. Corp. v. Frankel, 192 A.D.2d 571, 572). Under the circumstances of this case, we are satisfied that the sale was fair.
The appellant's remaining contentions are either unpreserved for appellate review or without merit.