21st Mtge. Corp. v Rodriguez-Cardona, 2017 NY Slip Op 06637 [153 AD3d 1383]

September 27, 2017

Appellate Division, Second Department

[*1]

21st Mortgage Corporation, Appellant,

v

Jose Luis Rodriguez-Cardona, Respondent, et al., Defendants.

Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Albany, NY (Thomas E. Mercure, Michael J. Catalfimo, and John R. Canney IV of counsel), for appellant.

Menashe & Associates, LLP, Montebello, NY (Chezki Menashe and Shoshana C. Schneider of counsel), for respondent.

Woods Oviatt Gilman LLP, Rochester, NY (Natalie A. Grigg of counsel), for amicus curiae American Legal and Financial Network.

In an action to foreclose a mortgage, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Baily-Schiffman, J.), dated March 13, 2015, as granted the motion of the defendant Jose Luis Rodriguez-Cardona pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against him as time-barred.

Ordered that the appeal is dismissed as academic, with costs to the appellant, in light of our decision and order in Option One Mtge. v Rodriguez-Cardona (153 AD3d 1422 [2017] [decided herewith]).

Our reinstatement of the complaint in Option One Mtge. v Rodriguez-Cardona (153 AD3d 1422 [2017] [decided herewith]), along with the substitution of the plaintiff as the named plaintiff therein, renders this appeal academic ( see RPAPL 1301 [3]; Aurora Loan Servs., LLC v Reid , 132 AD3d 788 [2015]). Chambers, J.P., Miller, Barros and Connolly, JJ., concur. [Prior Case History: 2015 NY Slip Op 30423(U).].