CHARTER ONE BANK, FSB v. MILLS, RICHARD F.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1255 CA 12-02062 PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.

CHARTER ONE BANK, FSB, SUCCESSOR BY MERGER TO ALBANK, FSB, PLAINTIFF-RESPONDENT, V MEMORANDUM AND ORDER RICHARD F. MILLS, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 3.)

RICHARD F. MILLS, DEFENDANT-APPELLANT PRO SE.

HARRIS BEACH PLLC, PITTSFORD (JOHN A. MANCUSO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), rendered October 10, 2012. The order denied the motion of defendant Richard F. Mills to vacate a default judgment of foreclosure.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Same Memorandum as in Charter One Bank v Mills ([appeal No. 1] ___ AD3d ___ [Dec. 27, 2013]).

Entered: December 27, 2013 Frances E. Cafarell Clerk of the Court