City & Suburban Federal Savings Bank v. Frank

In an action to foreclose a mortgage, the defendant third-party plaintiff Joseph Abruzese appeals from a resettled order of the Supreme Court, Westchester County (Donovan, J.), entered January 31, 1997, which, after a hearing to determine the validity of service of process of the summons and complaint upon him, denied his motion, inter alia, to vacate his default in appearing. The notice of appeal from an order dated January 2, 1996, is treated as a premature notice of appeal from the resettled order entered January 31, 1997.

Ordered that the resettled order is affirmed, with costs.

The…