Associated Financial Services, Inc. v. Davis

— In an action, inter alia, to foreclose a mortgage, the defendant Eileen M. Davis appeals from an order of the Supreme Court, Westchester County (Ruskin, J.), entered April 5, 1990, which (1) granted the motion of the defendant Margaret F. Jirak to appoint a Referee in a surplus money proceeding, and (2) in effect, denied the cross motion of the appellant to be awarded the surplus moneys as holder of the equity of redemption.

*687Ordered that the order is affirmed, without costs or disbursements.

The failure to move to appoint a Referee in the surplus money proceeding within the time period…