Opinion
4024N.
Decided June 29, 2004.
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered June 16, 2003, which denied defendant-appellant Moore's motion to, inter alia, vacate a judgment of foreclosure and set aside the sale, unanimously affirmed, without costs.
Albert H. Barkey, New York, for appellant.
Stim Warmuth, P.C., Farmingville, (Paula J. Warmuth of counsel), for respondent.
Before: Tom, J.P., Andrias, Williams, Marlow, Gonzalez, JJ.
We affirm on the ground that appellant lacked standing to cure a mortgage default under the Bankruptcy Code ( 11 U.S.C. § 1322[c][1]) because he was not the defaulting mortgagor. The motion court aptly noted that appellant's collateral claim would be properly advanced in a different action.
We have considered appellant's other contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.