Opinion
2016–10067 Index No. 26768/09
10-24-2018
DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., respondent, v. Walter HEITNER, Jr., appellant, et al., defendants.
Warshaw Burstein, LLP, New York, N.Y. (Pankaj Malik of counsel), for appellant. Hogan Lovells U.S. LLP, New York, N.Y. (Heather R. Gushue, David Dunn, and Chava Brandriss of counsel), for respondent.
Warshaw Burstein, LLP, New York, N.Y. (Pankaj Malik of counsel), for appellant.
Hogan Lovells U.S. LLP, New York, N.Y. (Heather R. Gushue, David Dunn, and Chava Brandriss of counsel), for respondent.
REINALDO E. RIVERA, J.P., ROBERT J. MILLER, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
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 National Trust Company v. Heitner, 165 A.D.3d 1038, 87 N.Y.S.3d 116, 2018 WL 5274318 [Appellate Division Docket No. 2015–06012; decided herewith] ).
RIVERA, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.