Opinion
2013-01483
12-03-2014
U.S. BANK NATIONAL ASSOCIATION, etc., respondent, v. Julia BIEN–AIME, appellant, et al., defendants.
Brian McCaffrey Attorney At Law, P.C., Jamaica, N.Y., for appellant. Hinshaw & Culbertson, LLP, New York, N.Y. (Schuyler Kraus and Annmarie D'Amour of counsel), for respondent.
Brian McCaffrey Attorney At Law, P.C., Jamaica, N.Y., for appellant.
Hinshaw & Culbertson, LLP, New York, N.Y. (Schuyler Kraus and Annmarie D'Amour of counsel), for respondent.
REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, COLLEEN D. DUFFY, and HECTOR D. LaSALLE, JJ.
Opinion
In an action to foreclose a mortgage, the defendant Julia Bien–Aime appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Flug, J.), entered December 21, 2012, as denied that branch of her motion which was to vacate a judgment of foreclosure and sale of the same court entered January 25, 2010, upon her failure to appear or answer the complaint and for leave to interpose an answer.
ORDERED that the order is affirmed insofar as appealed from, with costs.
That branch of the motion of the defendant Julia Bien–Aime which was pursuant to CPLR 5015(a)(1) to vacate a judgment of foreclosure and sale (hereinafter the judgment) was properly denied, as it was not made within one year after service upon her of a copy of the judgment with notice of entry (see CPLR 5015 [a][1]; Deutsche Bank Natl. Trust Co. v. White, 110 A.D.3d 759, 760, 972 N.Y.S.2d 664 ; US Natl. Bank Assn. v. Melton, 90 A.D.3d 742, 744, 934 N.Y.S.2d 352 ; Santiago v. Honcrat, 79 A.D.3d 847, 848, 912 N.Y.S.2d 419 ; Malik v. Noe, 54 A.D.3d 733, 734, 864 N.Y.S.2d 82 ). Furthermore, the one-year period should not be extended in the exercise of discretion, since the defendant failed to demonstrate a reasonable excuse for her lengthy delay in moving to vacate the judgment (see Feldman v. Delaney, 94 A.D.3d 1043, 943 N.Y.S.2d 555 ; Valentin v. City of New York, 73 A.D.3d 755, 756, 899 N.Y.S.2d 651 ; Matter of Putnam County Natl. Bank v. JP Morgan Chase Bank, N.A., 57 A.D.3d 677, 678, 868 N.Y.S.2d 540 ; Malik v. Noe, 54 A.D.3d at 734, 864 N.Y.S.2d 82 ).