Midland Mtge. Co. v Imtiaz, 2021 NY Slip Op 05853 [198 AD3d 962]

October 27, 2021

Appellate Division, Second Department

[*1]

Midland Mortgage Company, Respondent,

v

Misbah Imtiaz, Appellant, et al., Defendants.

Biolsi Law Group, P.C., New York, NY (Steven Alexander Biolsi of counsel), for appellant.

Gross Polowy, LLC, Westbury, NY (Stephen J. Vargas of counsel), for respondent.

In an action, inter alia, for a judgment declaring that the plaintiff is the holder of a valid first mortgage lien on the subject property, the defendant Misbah Imtiaz appeals from an order of the Supreme Court, Suffolk County (Howard H. Heckman, Jr., J.), dated March 15, 2019. The order, insofar as appealed from, denied that defendant’s motion to vacate a mortgage recorded against the subject property.

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

The issues raised and the relief sought on this appeal have been rendered academic by reason of our determination in a related appeal ( see U.S. Bank, N.A. v Imtiaz , 198 AD3d 1005 [2021] [decided herewith]). Accordingly, this appeal must be dismissed as academic. Mastro, J.P., Austin, Duffy and Connolly, JJ., concur..