Opinion
2018–10341 Index No. 100938/08
02-17-2021
DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., respondent, v. Tony CLANTON, appellant, et al., defendants.
Staten Island Legal Services, Staten Island, N.Y. ( Sarah Baldwin of counsel), for appellant. Leopold & Associates, PLLC (Greenberg Traurig, LLP, New York, N.Y. [ Steven Lazar and Andrew Wein ], of counsel), for respondent.
Staten Island Legal Services, Staten Island, N.Y. ( Sarah Baldwin of counsel), for appellant.
Leopold & Associates, PLLC (Greenberg Traurig, LLP, New York, N.Y. [ Steven Lazar and Andrew Wein ], of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., HECTOR D. LASALLE, BETSY BARROS, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendant Tony Clanton appeals from an order of the Supreme Court, Richmond County (Charles M. Troia, J.), dated February 5, 2018. The order granted the plaintiff's motion, inter alia, to vacate a discontinuance made pursuant to CPLR 3217(a) and to restore the action to the court's calendar, and denied that defendant's cross motion, inter alia, for leave to serve a 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The appeal must be dismissed because the order appealed from was superseded by an order of the same court dated March 27, 2019, made upon reargument ( see Deutsche Bank Natl. Trust Co. v. Clanton, 191 A.D.3d 846, 138 N.Y.S.3d 902 [Appellate Division Docket No. 2019–05116 ; decided herewith]).
CHAMBERS, J.P., LASALLE, BARROS and CHRISTOPHER, JJ., concur.