FEDERAL NATIONAL MORTGAGE ASSOCIATION v. Dennis Papa, appellant. (2025)

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

FEDERAL NATIONAL MORTGAGE ASSOCIATION, respondent, v. Anita DARRETTA, et al., defendants, Dennis Papa, appellant.

2022-08156

Decided: March 12, 2025

FRANCESCA E. CONNOLLY, J.P., WILLIAM G. FORD, LAURENCE L. LOVE, JAMES P. MCCORMACK, JJ.

Hogan, Rossi & Liguori, Brewster, NY (Scott J. Steiner of counsel), for appellant. Fein, Such & Crane, Rochester, NY (Michael S. Hanusek of counsel), for respondent.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Dennis Papa appeals from an order of the Supreme Court, Westchester County (Sam D. Walker, J.), dated August 18, 2022. The order granted the plaintiff's motion to extend the time to conduct the foreclosure sale of the subject property pursuant to a judgment of foreclosure and sale of the same court dated June 7, 2018, and denied the cross-motion of the defendant Dennis Papa, inter alia, to stay enforcement of the judgment of foreclosure and sale.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

The appeal from the order dated August 18, 2022, has been rendered academic, as the subject property has been sold to a third party and the appellant failed to obtain a stay pursuant to CPLR 5519 to prevent the property from being sold (see 425 E. 26th St. Owners Corp. v. Beaton, 128 A.D.3d 766, 10 N.Y.S.3d 127; Matter of Huntington Hebrew Congregation of Huntington v. Tanenbaum, 62 A.D.3d 704, 877 N.Y.S.2d 899).

CONNOLLY, J.P., FORD, LOVE and MCCORMACK, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network