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Mortgage Elec. Registration Sys., Inc. v McVicar, 2022 NY Slip Op 01784 [203 AD3d 918]

March 16, 2022

Appellate Division, Second Department

[*1]

Mortgage Electronic Registration Systems, Inc., Plaintiff,

v

John P. McVicar, Defendant/Third-Party Plaintiff-Appellant, et al., Defendant. Kurt B. Ordenbach et al., Third-Party Defendants-Respondents.

John P. McVicar, East Hampton, NY, defendant/third-party plaintiff-appellant pro se.

L’Abbate, Balkan, Colavita & Contini, LLP, Melville, NY (Matthew J. Bizzaro and Nicole Feder of counsel), for third-party defendants-respondents.

In an action to foreclose a mortgage, the defendant/third-party plaintiff appeals from an order of the Supreme Court, Suffolk County (Thomas F. Whelan, J.), dated March 2, 2018. The order denied the defendant/third-party plaintiff’s motion to dismiss the third-party defendants’ second through ninth affirmative defenses to the third-party complaint, and pursuant to 22 NYCRR 130-1.1 for the imposition of sanctions against the third-party defendants.

Ordered that the appeal from so much of the order as denied that branch of the defendant/third-party plaintiff’s motion which was to dismiss the third-party defendants’ second through ninth affirmative defenses to the third-party complaint is dismissed as academic, without costs or disbursements; and it is further, Ordered that the order is affirmed insofar as reviewed; and it is further, Ordered that one bill of costs is awarded to the third-party defendants.

In light of our determination on a related appeal ( see Mortgage Elec. Registration Sys., Inc. v McVicar , 203 AD3d 917 [2022] [decided herewith]), we dismiss as academic the appeal from so much of the order as denied that branch of the defendant third-party plaintiff’s motion which was to dismiss the third-party defendants’ second through ninth affirmative defenses to the third-party complaint.

The Supreme Court providently exercised its discretion in denying that branch of the defendant/third-party plaintiff’s motion which was pursuant to 22 NYCRR 130-1.1 for the imposition of sanctions against the third-party defendants. Connolly, J.P., Chambers, Roman and Genovesi, JJ., concur..