WHITE KNIGHT NYC VENTURES, LLC, plf-res, v. 15 WEST 17TH STREET, LLC def-ap, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD def

10867. WHITE KNIGHT NYC VENTURES, LLC, plf-res, v. 15 WEST 17TH STREET, LLC def-ap, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD def — Law Offices of Fred L. Seeman, New York (Fred L. Seeman of counsel), for ap — Jeffrey B. Hulse, Sound Beach, for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered September 18, 2012, which, insofar as appealed from, granted plaintiff’s motion for an order confirming the Referee’s Report of Sale and directed entry of a deficiency judgment against defendants 15 West 17th Street, LLC, Joseph Sabbagh and Isaac Mishan, unanimously affirmed, with costs.

By submitting a detailed appraisal prepared by a certified appraiser pursuant to Executive Law §160-a(5)(a), plaintiff met its burden of establishing, prima facie, the mortgaged premises’ fair market value as of the date of the foreclosure auction (see Trustco Bank, N.A. v. Gardner, 274 AD2d 873, 874 [3d Dept 2000]). Defendants’ assertions that the certified appraisal suffered from “deficiencies” in its square footage calculations and choice of capitalization rate are unavailing, as those “claimed deficiencies” do not preclude its consideration. Rather, the assertions of error bear on the question of the weight the appraisal should be given (see Champlain Natl. Bank v. Brignola, 249 AD2d 656, 657 [3d Dept 1998]).