Deutsche Bank Trust Co. Ams. v Smith, 2022 NY Slip Op 07437 [211 AD3d 1014]
December 28, 2022
Appellate Division, Second Department
[*1]
Deutsche Bank Trust Company Americas, Formerly Known as Banker’s Trust Company, as Trustee and Custodian, Respondent,
v
David J. Smith, Jr., Appellant, et al., Defendants.
James F. Misiano, P.C., Brentwood, NY, for appellant.
Robertson, Anschutz, Schneid, Crane & Partners, PLLC (Stradley Ronon Stevens & Young, LLP, New York, NY [Adam Weiss], of counsel), for respondent.
In an action to foreclose a mortgage, the defendant David J. Smith, Jr., appeals from an order of the Supreme Court, Suffolk County (Thomas F. Whelan, J.), dated September 2, 2020. The order denied that defendant’s motion pursuant to CPLR 3215 (c) to dismiss the complaint insofar as asserted against him as abandoned and for leave to renew that branch of his prior motion which was pursuant to CPLR 3215 (c) to dismiss the complaint insofar as asserted against him as abandoned, which had been denied in an order of the same court dated September 26, 2018.
Ordered that the appeal is dismissed as academic, without costs or disbursements.
The appeal must be dismissed as academic in light of our determination on a related appeal from an order of the same court dated September 26, 2018 ( see Deutsche Bank Trust Co. Ams. v Smith , 211 AD3d 1012 [2022] [decided herewith]). Duffy, J.P., Maltese, Wooten and Wan, JJ., concur..