Opinion
2017–04598 Index No. 23089/13
06-19-2019
NATIONSTAR MORTGAGE, LLC, Respondent, v. John HAWK, etc., appellant, et al., Defendants.
Yitzhak & Epstein P.C., Great Neck, N.Y. (Erica T. Yitzhak of counsel), for appellant. Sandelands Eyet LLP, New York, N.Y. (Margaret S. Stefandl and Mindy Kallus of counsel), for respondent.
Yitzhak & Epstein P.C., Great Neck, N.Y. (Erica T. Yitzhak of counsel), for appellant.
Sandelands Eyet LLP, New York, N.Y. (Margaret S. Stefandl and Mindy Kallus of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., JEFFREY A. COHEN, COLLEEN D. DUFFY, ANGELA G. IANNACCI, JJ.
DECISION & ORDERORDERED that the judgment of foreclosure and sale is affirmed insofar as appealed from, with costs.
On June 12, 2007, the defendant John Hawk (hereinafter the defendant) and nonparty Beth Tinelly executed a mortgage to secure payment of a $323,400 adjustable rate note to Mortgage Electronic Registration Systems, Inc., solely as nominee for Lehman Brothers Bank, FSB. The note was subsequently assigned to the plaintiff. In August 2013, the plaintiff commenced this action to foreclose the mortgage after the defendant allegedly defaulted on his payments. The plaintiff moved for and obtained an order of reference upon the defendant's default in answering the complaint. The defendant's cross motion to vacate his default was denied and, upon the defendant's motion for leave to reargue, the Supreme Court, upon granting reargument, adhered to its earlier determination. Subsequently, the plaintiff moved for a judgment of foreclosure and sale, and the defendant opposed the motion. The court granted the motion, and a judgment of foreclosure and sale, inter alia, confirming the referee's report, was entered in favor of the plaintiff and against the defendant, among others. The defendant appeals.
Contrary to the defendant's contention, the Supreme Court properly confirmed the referee's report. Under the circumstances of this case, the referee was not required to conduct a hearing prior to issuing her report (see Bank of N.Y. Mellon v. Hoshmand, 158 A.D.3d 600, 601, 71 N.Y.S.3d 527 ; Deutsche Bank Natl. Trust Co. v. Williams, 134 A.D.3d 981, 981, 20 N.Y.S.3d 907 ; Wachovia Mtge. Corp. v. Lopa, 129 A.D.3d 830, 831, 13 N.Y.S.3d 97 ; Capital One, N.A. v. Knollwood Props. II, LLC, 98 A.D.3d 707, 708, 950 N.Y.S.2d 482 ; Dune Deck Owners Corp. v. J.J. & P. Assocs. Corp., 85 A.D.3d 1091, 1091, 926 N.Y.S.2d 318 ; Deutsche Bank Natl. Trust Co. v. Zlotoff, 77 A.D.3d 702, 702, 908 N.Y.S.2d 612 ; Deutsche Bank Natl. Trust Co. v. Jackson, 68 A.D.3d 805, 805, 889 N.Y.S.2d 477 ). Accordingly, we agree with the court's determination granting the plaintiff's motion for a judgment of foreclosure and sale insofar as it was against the defendant.
CHAMBERS, J.P., COHEN, DUFFY and IANNACCI, JJ., concur.