Opinion
June 17, 1996
Appeal from the Supreme Court, Orange County (DiBlasi, J.).
Ordered that the order dated October 30, 1995, is affirmed; and it is further,
Ordered that the order dated December 11, 1995, is affirmed insofar as appealed from; and it is further,
Ordered that the respondents appearing separately and filing separate briefs are awarded one bill of costs.
The Supreme Court properly exercised its discretion in setting aside the foreclosure sale based on the Referee's misunderstanding as to his authority to accept uncertified funds as a down payment (see, Guardian Loan Co. v. Early, 45 N.Y.2d 515; Glenville 110 Corp. v. Tortora, 137 A.D.2d 654; Ulster Sav. Bank v. Bash, 114 A.D.2d 500).
The appellant's remaining contentions are unpreserved for appellate review and, in any event, are without merit. Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.