Opinion
2017–08802 Index No. 135482/16
03-10-2021
FEDERAL NATIONAL MORTGAGE ASSOCIATION, etc., appellant, v. Francis M. SAJDAK, etc., respondent, et al., defendants.
David A. Gallo & Associates LLP, Roslyn Heights, N.Y. ( Jonathan M. Cohen of counsel), for appellant. Staten Island Legal Services, Staten Island, N.Y. ( Sarah Baldwin of counsel), for respondent.
David A. Gallo & Associates LLP, Roslyn Heights, N.Y. ( Jonathan M. Cohen of counsel), for appellant.
Staten Island Legal Services, Staten Island, N.Y. ( Sarah Baldwin of counsel), for respondent.
REINALDO E. RIVERA, J.P., COLLEEN D. DUFFY, ANGELA G. IANNACCI, PAUL WOOTEN, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Richmond County (Judith N. McMahon, J.), dated August 21, 2017. The order, insofar as appealed from, in effect, denied those branches of the plaintiff's motion which were for leave to enter a default judgment against the defendant Francis M. Sajdak and for an order of reference, and granted that branch of that defendant's cross motion which was to compel the plaintiff to accept his 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The appeal must be dismissed because the order appealed from was superseded by an order of the same court dated October 1, 2018, made upon reargument ( see Federal Natl. Mtge. Assn. v. Sajdak, 192 A.D.3d 764, ––– N.Y.S.3d –––– [Appellate Division Docket No. 2018–13117 ; decided herewith]).
RIVERA, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.