North Fork Bank v. Schmidt

—In an action to foreclose a mortgage, the defendants Susan L. Schmidt, Samantha J. Schmidt, Mark Savet, and Aaron Richard Golub, appeal from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), entered March 27, 1998, which denied their motion, inter alia, pursuant to RPAPL 1361 to recover surplus moneys and granted the cross motion of the defendant Constantin Dumba for distribution of the surplus moneys to him.

Ordered that the order is modified by deleting the provision thereof granting the cross motion of the defendant Constantin Dumba and substituting therefor a provision…