Citibank, N. A. v. Schroeder

—In a mortgage foreclosure action, Ellenville National Bank appeals, as limited by its brief, from so much of an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated November 5, 1998, as denied that branch of its motion pursuant to RPAPL 1361 which was to vacate that part of a Referee’s report dated September 22, 1998, awarding Linro Enterprises, Inc., one-half *333of the surplus funds from the sale of the subject property, and granted that branch of the motion of Linro Enterprises, Inc., which was to confirm that part of the Referee’s report awarding it one-half of the…