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Citimortgage, Inc. v 2013 NY Slip Op 30003(U) January 4, 2013 Supreme Court, Richmond County Docket Number: 130398/09 Judge: Joseph J. Maltese Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND DCM PART 3 CITIMORTGAGE, INC.,
Plaintiff

Index No.:130398/09 Motion No.: 002

DECISION & ORDER HON. JOSEPH J. MALTESE

against

ANGELA FINOCCHIARIO, NATIONAL CITY BANK, BEDELL AVENUE HOMEOWNERS ASSOCIATION, and "JOHN DOE", "MARY DOE", and "JANE DOE" the names of the last three defendants being fictitious their true names being unknown to plaintiff, persons intended being persons in possession of portions of the premises described in the complaint in this action.,
Defendants The following items were considered in the review of the following order to show cause to vacate the default judgment of foreclosure and to dismiss the complaint for lack of standing.

Papers Notice of Motion and Affidavits Annexed Answering Affidavits Replying Affirmation Supplemental Affidavit Supplemental Affidavit Sur-Reply Affirmation in Opposition Exhibits

Numbered 1 2 3 4 5 6 Attached to Papers

Upon the foregoing cited papers, the Decision and Order on this Order to Show Cause is as follows:

The defendant, Angela Finocchiario, moves by order to show cause for an order vacating an order of reference entered on default; and upon the vacating of that default judgment, the granting of a motion to dismiss for the plaintiff's lack of standing to commence this action. The order to show cause is granted.

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Facts

This is an action to foreclose real property located at 73 Ottavio Promenade, Staten Island, New York. On March 25, 2009 the plaintiff commenced this foreclosure action by filing a summons and complaint with the Richmond County Clerk. Subsequently, the defendant was served with the summons and complaint on May 11, 2009 pursuant to CPLR

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