Opinion
2013-02-20
U.S. BANK NATIONAL ASSOCIATION, etc., respondent, v. Betsy FELICIANO, et al., appellants, et al., defendant.
Kenneth S. Pelsinger, P.C., Levittown, N.Y., for appellants. Rosicki, Rosicki & Associates, P.C., Plainview, N.Y. (Andrew Morganstern of counsel), for respondent.
Kenneth S. Pelsinger, P.C., Levittown, N.Y., for appellants. Rosicki, Rosicki & Associates, P.C., Plainview, N.Y. (Andrew Morganstern of counsel), for respondent.
In an action to foreclose a mortgage, the defendants Betsy Feliciano and Felipe Feliciano appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered April 18, 2012, which denied their motion, inter alia, for leave to renew their prior cross motion to vacate a judgment of foreclosure and sale of the same court dated December 12, 2011, to dismiss the complaint insofar as asserted *454against them, and to cancel a notice of pendency.
ORDERED that the order entered April 18, 2012, is affirmed, with costs.
“ ‘The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with’ ” ( City of New York v. Miller, 72 A.D.3d 726, 727, 898 N.Y.S.2d 643, quoting Matter of El Greco Socy. of Visual Arts, Inc. v. Diamantidis, 47 A.D.3d 929, 929, 852 N.Y.S.2d 165). Here, the Supreme Court properly denied the appellants' cross motion, as they did not strictly comply with the time requirements set forth in the order to show cause ( see Lobo v. Soto, 73 A.D.3d 1135, 1136, 900 N.Y.S.2d 900;City of New York v. Miller, 72 A.D.3d at 727, 898 N.Y.S.2d 643;Scharmann's Inc. v. 388 W. Broadway, 258 A.D.2d 262, 685 N.Y.S.2d 33).
In light of our determination, we need not reach the appellants' remaining contentions.