Capital Resources Corp. v. Auguste

—In an action to foreclose a mortgage, the defendant Anne Marie Auguste appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated November 6, 1998, which denied her motion to vacate a judgment of foreclosure and sale, and granted the plaintiffs cross motion to confirm the Referee’s report of sale.

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

We reject the appellant’s contention that the judgment of foreclosure-should have .been vacated based on improper service. Where a process server dies after service and prior to a hearing as to whether service'was…