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Deutsche Bank Natl Trust v. Cybula

Lender Denied Vacatur of Prior Judgment of Foreclosure, Sale and Resettlement of Judgment

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*1  Upon the following papers read on this application for an order for: vacating the judgment of foreclosure and sale dated September 14, 2016, confirming the referee’s oath and report, granting plaintiff default judgment, granting judgment of foreclosure and sale amending the caption and extinguishing the liens of defendants North Fork Bank Successor by Merger to Greenpoint Bank f/k/a Green Point Savings Bank and Workmen’s Benefit Fund of the United States of America; Notice of Motion dated March 6, 2017and supporting papers; it is ORDERED that this unopposed motion by plaintiff is denied; and it is furtherORDERED that all of the provisions of this Court’s Judgment of Foreclosure dated September 14, 2016 remain in full force and effect, and plaintiff is to proceed pursuant to that judgment.This is an action to foreclose a mortgage on the premises known as 381 East Heathcote Road, Lindenhurst, Suffolk County, NY. Plaintiff commenced this action in 2007. The court declines to detail the ten year history of this action except to the extent that Judgment of Foreclosure and Sale was granted by order of the court dated September 14, 2016 and to address the history of this motion.Plaintiff’s motion was originally returnable March 30, 2017, but adjourned to April 6, 2017. By letter dated April 7, 2017, which incorrectly characterized this motion as a “Motion in Support of Judgment of Foreclosure and Sale,” plaintiff’s counsel asked that the motion “be held in abeyance” as defendant Paula N. Cybula (“defendant”) had applied for a loan

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