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

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.