DBW TL HOLDCO 2014 LLC v. James Moran, nonparty-appellant. (2026)

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

DBW TL HOLDCO 2014, LLC, plaintiff, v. Robert P. KIRK, Jr., etc., respondent, et al., defendants; James Moran, nonparty-appellant.

2024–09523

Decided: September 23, 2026

MARK C. DILLON, J.P., WILLIAM G. FORD, HELEN VOUTSINAS, JAMES P. MCCORMACK, JJ.

Bronster LLP, New York, NY (Michael H. Resnikoff of counsel), for nonparty—appellant. Law Offices of Robert P. Kirk, Jr., P.C., Farmingdale, NY (Robert P. Kirk, Jr., pro se of counsel), for respondent.

DECISION & ORDER

In an action to foreclose a tax lien, nonparty James Moran, as successor in interest to the plaintiff, appeals from an order of the Supreme Court, Nassau County (Sarika Kapoor, J.), dated August 19, 2024. The order, insofar as appealed from, denied those branches of the plaintiff's motion which were for leave to renew and reargue its prior motion to discontinue the action insofar as asserted against the defendant Kathleen M. Kirk and to amend a judgment of foreclosure and sale of the same court (Julianne T. Capetola, J.) entered March 19, 2019, accordingly, which had been denied in an order of the same court (David P. Sullivan, J.) dated September 28, 2022, and pursuant to CPLR 5015(a) to vacate the order dated September 28, 2022.

ORDERED that the appeal from the order dated August 19, 2024, is dismissed as academic, without costs or disbursements.

The appeal must be dismissed as academic in light of our determination on a related appeal (see DBW TL HOLDCO 2014, LLC v. Kirk, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2026 WL 2855376 [Appellate Division Docket No. 2024–03948; decided herewith] ).

DILLON, J.P., FORD, VOUTSINAS 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Out of date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