Opinion
October 14, 1980
In two actions to foreclose mortgages in which the defendants counterclaimed for release of certain property from the mortgage liens, plaintiffs appeal, as limited by their brief, from so much of two orders of the County Court, Dutchess County, both dated January 3, 1980, as granted defendants' motions for summary judgment releasing the described property from the mortgage liens. Appeals dismissed as academic, without costs or disbursements. Since the motions involved herein were for summary judgment, we are empowered to search the record (see Southern Assoc. v. United Brands Co., 67 A.D.2d 199, 204; Yanarella v. McClane, 16 A.D.2d 982). We find that subsequent to January 3, 1980 (the date of the orders on appeal) the mortgages were foreclosed and the debts satisfied. Accordingly, the mortgages were extinguished and plaintiffs have no basis upon which to challenge the release of the subject property from the mortgage liens (cf. Whitestone Sav. Loan Assn. v. Allstate Ins. Co., 34 A.D.2d 787, affd 28 N.Y.2d 332). Titone, J.P., Lazer, Gulotta and Martuscello, JJ., concur.