JPMORGAN CHASE BANK v. MORTON (2024)

Supreme Court, Appellate Division, Second Department, New York.

JPMORGAN CHASE BANK, N.A., respondent, v. Allen MORTON, etc., et al., appellants, et al., defendant.

2021–00662

Decided: April 03, 2024

CHERYL E. CHAMBERS, J.P., WILLIAM G. FORD, HELEN VOUTSINAS, LAURENCE L. LOVE, JJ.

Michael Kennedy Karlson, New York, NY, for appellants. Parker Ibrahim & Berg LLP, New York, NY (Melinda Colón Cox, Scott W. Parker, Vanessa L. Williams, and Daniel Schleifstein of counsel), for respondent.

DECISION & ORDER

In an action to foreclose a mortgage, the defendants Allen Morton and Patsy Morton appeal from an order of the Supreme Court, Westchester County (William J. Giacomo, J.), dated October 26, 2020. The order denied those defendants' motion pursuant to CPLR 5015(a)(3) to vacate an order and judgment of foreclosure and sale (one paper) of the same court dated December 10, 2019.

ORDERED that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on a related appeal (see JPMorgan Chase Bank, N.A. v Morton, ––– AD3d –––– [Appellate Division Docket No. 2020–01615; decided herewith]).

CHAMBERS, J.P., FORD, VOUTSINAS and LOVE, JJ., concur.

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