Opinion
August 17, 1998
Appeal from the Supreme Court, Suffolk County (D'Emilio, J.).
Ordered that the appeal by defendant Richard Mohring, Jr., is dismissed for failure to perfect the same in accordance with the rules of this Court (see, 22 NYCRR 670.8 [e]); and it is further,
Ordered that the order and judgment is affirmed insofar as reviewed; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
Contrary to the contention of the defendant Michael W. Dempsey, the motion for a deficiency judgment, made on June 19, 1995, was timely as to him (see, RPAPL 1371; CPLR 2211). The record sufficiently establishes that the deed was delivered to the plaintiff's assignee, its wholly-owned subsidiary, on or about April 27, 1995, and the defendant Dempsey has failed to proffer evidence showing the existence of a factual question (see, Manhattan Life Ins. Co. v. Continental Ins. Cos., 33 N.Y.2d 370; Atlantic Bank v. Weiss, 234 A.D.2d 240; cf., National Bank v. Betar, 207 A.D.2d 610).
The defendant Dempsey's remaining contentions are without merit.
Rosenblatt, J. P., Ritter, Copertino and Florio, JJ., concur.