Federal Home Loan Mortgage Corp. v. Grant

—In an action to foreclose on a mortgage, the defendants Thomas L. Grant and Diane Grant appeal from an order of the Supreme Court, Suf*657folk County (Cannavo, J.), dated December 21, 1994, which denied their motion, inter alia, to vacate the Referee’s report dated October 4, 1994, which determined that the respondent, secondary mortgagee Marine Midland Bank, had first priority to certain surplus moneys, and confirmed the report.

Ordered that the order is affirmed, with costs.

As a party to the foreclosure action, the respondent, secondary mortgagee Marine Midland Bank, was not required to file a…