Deutsche Bank Natl. Trust Co. v Heitner, 2018 NY Slip Op 07091 [165 AD3d 1039]

October 24, 2018

Appellate Division, Second Department

[*1]

Deutsche Bank National Trust Company, Respondent,

v

Walter Heitner, Jr., Appellant, et al., Defendants.

Warshaw Burstein, LLP, New York, NY (Pankaj Malik of counsel), for appellant.

Hogan Lovells US LLP, New York, NY (Heather R. Gushue, David Dunn, and Chava Brandriss of counsel), for respondent.

In an action to foreclose a mortgage, the defendant Walter Heitner, Jr., appeals from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered September 9, 2015. The order, insofar as appealed from, in effect, upon reargument, adhered to a determination in an order of the same court entered March 31, 2015, denying that branch of the motion of the defendant Walter Heitner, Jr., which was for summary judgment dismissing the complaint insofar as asserted against him.

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

The appeal from the order entered September 9, 2015, has been rendered academic in light of our determination on the appeal from the ordered entered March 31, 2015 ( see Deutsche Bank Natl. Trust Co. v Heitner , 165 AD3d 1038 [2018] [decided herewith]). Rivera, J.P., Miller, Barros and Connolly, JJ., concur..