NEWREZ LLC v. CITY OF MIDDLETOWN (2023)

DECISION & ORDER

In an action pursuant to RPAPL article 15 to determine adverse claims to real property, the plaintiff appeals from an order of the Supreme Court, Orange County (Steven I. Milligram, J.), dated February 10, 2020. The order denied the plaintiff's motion to preliminarily enjoin the defendant City of Middletown from transferring title to a parcel of real property located at 35 Maple Drive in Middletown, and compelling that defendant to provide a redemption figure for an unpaid tax lien on that property.

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

This appeal from an order dated February 10, 2020, which denied the plaintiff's motion to preliminarily enjoin the defendant City of Middletown from transferring title to a parcel of real property located at 35 Maple Drive in Middletown, and compelling the City to provide a redemption figure for an unpaid tax lien on that property, has been rendered academic by the City's transfer of title to that property to the defendant Frinlet Derilus on May 13, 2020 (see Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714, 431 N.Y.S.2d 400, 409 N.E.2d 876).

BARROS, J.P., MALTESE, ZAYAS and DOWLING, JJ., concur.