Opinion
2018–05541 Index No. 6143/14
11-12-2020
WELLS FARGO BANK, NATIONAL ASSOCIATION, etc., appellant, v. John CIAFONE, respondent, et al., defendants.
McCarter & English, LLP, New York, N.Y. (Adam M. Swanson and Jessie D. Bonaros of counsel), for appellant. Michael Kennedy Karlson, New York, NY, for respondent.
McCarter & English, LLP, New York, N.Y. (Adam M. Swanson and Jessie D. Bonaros of counsel), for appellant.
Michael Kennedy Karlson, New York, NY, for respondent.
MARK C. DILLON, J.P., JOSEPH J. MALTESE, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Chere A. Buggs, J.), entered March 13, 2018. The order, insofar as appealed from, denied that branch of the plaintiff's motion which was pursuant to CPLR 5015(a)(3) to vacate an order of the same court dated October 17, 2016.
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
The appeal from the order entered March 13, 2018, has been rendered academic in light of our determination on a related appeal from an order of the same court dated January 24, 2017 (see Wells Fargo Bank, Natl. Assn. v. Ciafone, 188 A.D.3d 957, ––– N.Y.S.3d –––– [Appellate Division Docket No. 2017–03140; decided herewith] ).
DILLON, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur.