Justice Thomas Whelan
Orellana defaulted in answering the summons and complaint, and the default was judicially fixed and determined in the order of reference the court issued. A judgment of foreclosure and sale issued, and served on defendant. Orellana sought to stay the impending sale of the mortgaged premises, but the petition was denied. He now moved for vacatur of the judgment and his underlying default, and dismissal of the complaint. The court rejected Orellan's claims that the judgment entered Oct. 20, 2012 was jurisdictionally infirm due to a lack of service on his codefendant. It stated defendant was without entitlement to a vacatur of the judgment for lack of service of process on a codefendant, as such was personal in nature and could only be raised by the defendant. The court further found Orellana's unsubstantiated denials of personal service or receipt of mailings were insufficient to rebut the process server's affidavit that proper service was effectuated under CPLR 308(2). Hence, his demands for vacatur of the judgment, and dismissal of the complaint due to jurisdictional grounds were denied as unmeritorious. For similar reasons, the court denied Orellana's demand relieving him of his default under CPLR 317.
