Nation's Bank Mortgage Corp. v. Jones

Full title: NATION'S BANK MORTGAGE CORP., Plaintiff, v. RUFUS JONES, Defendant

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

Date published: Sep 30, 1997

242 A.D.2d 979 (N.Y. App. Div. 1997)

668 N.Y.S.2d 958

Opinion

September 30, 1997

Motion for permission to appeal and other relief denied.

Present — Green, J.P., Wisner, Doerr, Balio and Boehm, JJ.

An order denying a motion to vacate a prior order is appealable as of right, and permission to appeal is neither necessary nor appropriate. Defendant has failed to set forth facts demonstrating a meritorious appeal and has failed to serve the Monroe County Attorney (see, CPLR 1101 [a], [c]; 22 NYCRR 1000.14 [a][2],[3]). Pursuant to CPLR 2219 (b) and the written authorization of the Presiding Justice of this Court, the Clerk of this Court has the authority to sign the orders of the Court.