Opinion
May 11, 1998
Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).
Ordered that insofar as the appeal purports to argue points on behalf of the defendant Elena N. DiCostanzo, it is dismissed, as no appeal from the order was taken by that defendant; and it is further,
Ordered that the order is affirmed insofar as reviewed; and it is further,
Ordered that the respondent is awarded one bill of costs.
The Supreme Court properly denied the motion to vacate the judgment of foreclosure and sale as it failed to establish that "a substantial right of a party was prejudiced by the defect" in the notice of sale (RPAPL 231; see also, Chemical Bank v. Gardner, 233 A.D.2d 606; Marine Midland Bank v. Landsdowne Mgt. Assocs., 193 A.D.2d 1091; Hanover Funding Co. v. Ken Assocs., 180 A.D.2d 945).
The appellant's remaining contention is without merit.
O'Brien, J.P., Sullivan, Pizzuto and Krausman, JJ., concur.