Emigrant Mortgage Co. v. Biggio

In an action to foreclose a mortgage, the defendant Marie Holdings, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Winslow, J.), entered September 13, 2011, as granted that branch of the motion of the defendant Lawrence Biggio which was to direct the Treasurer of the County of Nassau to release to him surplus funds from the sale of the subject property in the principal sum of $282,644.47, and denied that branch of its cross motion which was to direct the Treasurer of the County of Nassau to release those surplus funds to it.

Ordered that…