Opinion
2016–03296 Index No. 13613/14
01-23-2019
NATIONSTAR MORTGAGE, LLC, Respondent, v. Donald A. MEDLEY, et al., Appellants, et al., Defendants.
Donald A. Medley and Sharon Y. Medley, South Ozone Park, NY, appellants pro se. Akerman LLP, New York, N.Y. (Jordan M. Smith of counsel), for respondent.
Donald A. Medley and Sharon Y. Medley, South Ozone Park, NY, appellants pro se.
Akerman LLP, New York, N.Y. (Jordan M. Smith of counsel), for respondent.
LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, SANDRA L. SGROI, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
ORDERED that the order is affirmed, with costs.
The plaintiff commenced this action to foreclose a mortgage. Thereafter, the plaintiff moved, inter alia, for summary judgment on the complaint, to strike the answer of the defendants Donald A. Medley and Sharon Y. Medley (hereinafter together the Medley defendants), and for an order of reference. The Medley defendants then moved to strike an affidavit of one of the plaintiff's employees which had been submitted by the plaintiff in support of its motion. In the order appealed from, the Supreme Court denied the Medley defendants' motion.
Under the circumstances of this case, the Supreme Court properly denied the Medley defendants' motion to strike the affidavit of the plaintiff's employee (cf. Colon v. Bell , 137 A.D.3d 1067, 1068, 26 N.Y.S.3d 879 ; Cortez v. Northeast Realty Holdings, LLC , 78 A.D.3d 754, 757, 911 N.Y.S.2d 151 ).
The defendant's remaining contentions either are without merit or are not properly before this Court, as they involve matters that were not the subject of the order appealed from (see Spann v. City of New York , 145 A.D.3d 932, 934, 43 N.Y.S.3d 143 ).
AUSTIN, J.P., ROMAN, SGROI and BRATHWAITE NELSON, JJ., concur.