Appellate Division of the Supreme Court of the State of New York December 13, 2012 (Chase Home Finance, LLC v. Miciotta)

McCarthy, J.

We affirm. A plaintiff has standing in a mortgage foreclosure action “where it is both the holder or assignee of the subject mortgage and the holder or assignee of the underlying note at the time the action is commenced” (Bank of N.Y. v Silverberg, 86 AD3d 274, 279 [2011]; accord Wells Fargo Bank, N.A. v Wine, 90 AD3d 1216, 1217 [2011]; CitiMortgage, Inc.