Opinion
DOCKET NO. OP 13-00558
04-12-2013
MIDFIRST BANK, PLAINTIFF, v. ANDREW J. BELLINGER, CARRIE L. BELLINGER, ET AL., DEFENDANTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND MARTOCHE, JJ.
Appellant, pursuant to CPLR 5704 (a), having moved, upon the return of an order to show cause granted by the Honorable Salvatore R. Martoche on March 25, 2013, to overturn and vacate Supreme Court's order and judgment of dismissal entered in the Office of the Clerk of the County of Onondaga on January 3, 2013, to modify an order of said court entered August 31, 2012, for leave to proceed with an application to Supreme Court for a judgment of foreclosure and sale, and for other relief,
Now, upon reading and filing the affirmation of Michelle D. Maccagnano, Esq., dated March 25, 2013, and said show cause order with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, without prejudice to a motion in Supreme Court to vacate that court's order and judgment of dismissal entered January 3, 2013.
Frances E. Cafarell, Clerk