Sibley Realty Corp. v. Schwab

This is a mortgage foreclosure action in which, pursuant to a judgment of foreclosure and sale, the premises were sold on August 16, 1957, which sale resulted in a surplus of $10,073.50 and which sum was deposited with the Treasurer of Monroe County on September 26, 1957. On the same day the Referee’s report of sale was filed.

*998No motion to confirm the Referee’s report of sale was made within the time limited by section 1082 of the Civil Practice Act. On or about March 4, 1958 one of the creditors, Charles R. Skinner, instituted a proceeding for an order of reference to ascertain and report the…