Cendant Mtge. Corp. v Packes

2005 NY Slip Op 04526

Decided on June 6, 2005

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 6, 2005
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
2003-06808
2003-06809






Joseph P. Garland, New York, N.Y., for appellant.
Certilman Balin Adler & Hyman, LLP, East Meadow, N.Y.
(Josef F. Abt and Patrick
McCormick of counsel), for respondent.

In an action to foreclose a mortgage, the defendant James A. Packes, Jr., appeals (1) from an order of the Supreme Court, Rockland County (Nelson, J.), dated May 28, 2003, which granted the plaintiff's motion for summary judgment and denied his cross motion for leave to amend the answer and (2), as limited by his brief, from so much an order of the same court also dated May 28, 2003, as granted the plaintiff's motion to strike the answer and appointed a referee to compute the amount due under the note and mortgage.

ORDERED that the appeals are dismissed as academic, without costs or disbursements.

As the outstanding mortgage debt in dispute has been fully satisfied by the appellant's payoff to the plaintiff on or about June 9, 2004, any determination by this court will not affect the rights of the parties. The matter does not otherwise warrant invoking an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714). Accordingly, the appeals have been rendered academic.

The appellant's remaining contentions are without merit.[*2]
FLORIO, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.

2003-06808
2003-06809
DECISION & ORDER ON MOTION
Cendant Mortgage Corporation, respondent,
v James A. Packes, Jr., appellant, et al., defendants.
(Index No. 392/02)

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Richmond County, both dated May 28, 2003, on the ground that the appeals have been rendered academic. By decision and order on motion of this court dated October 27, 2004, the motion was held in abeyance and referred to the Justices hearing the appeals for determination upon the argument or submission thereof.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the appeals, it is,

ORDERED that the motion is denied as academic (see Cendant Mortgage Corporation v Packes, AD3d [Appellate Division Docket Nos. 2003-06808 and 2003-06809, decided herewith]).
FLORIO, J.P., SANTUCCI, MASTRO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court