Opinion
02-00805
Argued April 25, 2002
June 3, 2002
In an action to foreclose a mortgage, Michael R. Zotos appeals from an order of the Supreme Court, Suffolk County (Berler, J.)., dated January 8, 2002, which denied his motion, inter alia, to set aside the sale of the subject premises to the plaintiff as void, and for a determination that he was the successful bidder at the foreclosure sale.
Michael R. Zotos, Holtsville, N.Y., nonparty-appellant pro se.
Phillips, Lytle, Hitchcock, Blaine Huber, LLP, Rochester, N Y (Richard J. Evans, Jr., of counsel), for plaintiff-respondent.
ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, LEO F. McGINITY, HOWARD MILLER, JJ.
ORDERED that the order is affirmed, with costs.
The appellant failed to establish the existence of fraud, collusion, mistake, or misconduct as to warrant vacatur of the foreclosure sale and transfer of the premises to him (see Provident Sav. Bank v. Bordes, 244 A.D.2d 470; Citicorp Mtge. v. Strong, 227 A.D.2d 818; Green Point Sav. Bank v. Kandel, 224 A.D.2d 488). The appellant's contention that the plaintiff was not the highest bidder at the sale is without merit (see Citicorp Mtge. v. Strong, supra at 821).
FLORIO, J.P., O'BRIEN, McGINITY and H. MILLER, JJ., concur.