Deutsche Bank Trust Co. Ams. v. Smith

211 A.D.3d 1014

179 N.Y.S.3d 594 (Mem)

DEUTSCHE BANK TRUST COMPANY AMERICAS, etc., respondent,

v.David J. SMITH, Jr., appellant, et al., defendants.

2020–08919

Index No. 20774/08

Supreme Court, Appellate Division, Second Department, New York.

Argued—October 13, 2022

December 28, 2022

James F. Misiano, P.C., Brentwood, NY, for appellant.

Robertson, Anschutz, Schneid, Crane & Partners, PLLC (Stradley Ronon Stevens & Young, LLP, New York, NY [Adam Weiss ], of counsel), for respondent.

COLLEEN D. DUFFY, J.P., JOSEPH J. MALTESE, PAUL WOOTEN, LILLIAN WAN, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant David J. Smith, Jr., appeals from an order of the Supreme Court, Suffolk County (Thomas F. Whelan, J.), dated September 2, 2020. The order denied that defendant's motion pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against him as abandoned and for leave to renew that branch of his prior motion which was pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against him as abandoned, which had been denied in an order of the same court dated September 26, 2018.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

The appeal must be dismissed as academic in light of our determination on a related appeal from an order of the same court dated September 26, 2018 (see Deutsche Bank Trust Co. Americas v. Smith, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2022 WL 17971799 [Appellate Division...