Indymac Bank, F.S.B. v. Yano-Horoski

In an action to foreclose a mortgage, the defendant Diana J. Yano-Horoski appeals from so much of an order of the Supreme Court, Suffolk County (Garguilo, J.), dated February 6, 2012, as denied her motion, inter alia, pursuant to CPLR 317 and 5015 (a) (3) to vacate a judgment of foreclosure and sale of the same court (McNulty, J.), dated January 12, 2009, entered upon her default in appearing or answering the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant was not entitled to vacatur of the judgment of foreclosure and sale pursuant to CPLR 317,…