Deutsche Bank Natl. Trust Co. v Clanton, 2021 NY Slip Op 01029 [191 AD3d 845]

February 17, 2021

Appellate Division, Second Department

[*1]

Deutsche Bank National Trust Company, Respondent,

v

Tony Clanton, Appellant, et al., Defendants.

Staten Island Legal Services, Staten Island, NY (Sarah Baldwin of counsel), for appellant.

Leopold & Associates, PLLC (Greenberg Traurig, LLP, New York, NY [Steven Lazar and Andrew Wein], of counsel), for respondent.

In an action to foreclose a mortgage, the defendant Tony Clanton appeals from an order of the Supreme Court, Richmond County (Charles M. Troia, J.), dated February 5, 2018. The order granted the plaintiff’s motion, inter alia, to vacate a discontinuance made pursuant to CPLR 3217 (a) and to restore the action to the court’s calendar, and denied that defendant’s cross motion, inter alia, for leave to serve a late answer.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed because the order appealed from was superseded by an order of the same court dated March 27, 2019, made upon reargument ( see Deutsche Bank Natl. Trust Co. v Clanton , 191 AD3d 846 [2021] [decided herewith]). Chambers, J.P., LaSalle, Barros and Christopher, JJ., concur..