US Bank N.A. v Fink, 2022 NY Slip Op 03925 [206 AD3d 861]

June 15, 2022

Appellate Division, Second Department

[*1]

US Bank National Association, Respondent,

v

Hindy Fink, Appellant, et al., Defendants.

Solomon Rosengarten, Brooklyn, NY, for appellant.

Frenkel Lambert Weiss Weisman & Gordon, LLP (Reed Smith LLP, New York, NY [Andrew B. Messite and Michael V. Margarella], of counsel), for respondent.

In an action to foreclose a mortgage, the defendant Hindy Fink appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), dated July 22, 2019. The order denied that defendant’s motion to dismiss the complaint insofar as asserted against her and granted the plaintiff’s cross motion pursuant to CPLR 306-b for a second extension of time to serve the summons and complaint upon that defendant and pursuant to CPLR 308 (5) to direct an alternative method for service of process.

Ordered that the appeal is dismissed, with costs to the appellant.

The relief sought on this appeal has been rendered academic by reason of our determination in a related appeal ( see US Bank N.A. v Fink , 206 AD3d 858 [2022] [decided herewith]). Accordingly, this appeal must be dismissed as academic. Barros, J.P., Maltese, Wooten and Zayas, JJ., concur..