CSMC 2007-C1 OSWEGO ROAD, LLC v. KIMBROOK ROUTE 31, LLC

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 862.2 CA 14-00619 PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

CSMC 2007-C1 OSWEGO ROAD, LLC, PLAINTIFF-RESPONDENT, V MEMORANDUM AND ORDER KIMBROOK ROUTE 31, LLC, PHILIP J. SIMAO, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.)

BOND, SCHOENECK & KING, PLLC, SYRACUSE (STEPHEN A. DONATO OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

BUCHANAN INGERSOLL & ROONEY PC, BUFFALO (MAUREEN T. BASS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from a judgment of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered February 28, 2014. The judgment ratified and confirmed a report of a referee and ordered a foreclosure sale.

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

Same Memorandum as in CSMC 2007-C1 Oswego Rd., LLC v Kimbrook Rte. 31, LLC ([appeal No. 1] ___ AD3d ___ [Sept. 26, 2014]).

Entered: September 26, 2014 Frances E. Cafarell Clerk of the Court