BAC Home Loans Servicing LP v. Affronti

Appeal from an order of the Supreme Court, Chautauqua County (Deborah A. Chimes, J.), entered May 22, 2013. The order, among other things, vacated a judgment of foreclosure and sale and dismissed the action.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: In October 2005, defendant borrowed money from plaintiffs predecessor in interest and secured the loan with a mortgage on residential property. In September 2009, plaintiff commenced this action seeking foreclosure on the property. By order granted in August 2010, Supreme Court appointed a referee and,…