FIVE STAR BANK PLAINTIFF RESPONDENT v. MARK LEWANDOWSKI DEFENDANT APPELLANT ET AL DEFENDANTS

Reset A A Font size: Print

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

FIVE STAR BANK, PLAINTIFF–RESPONDENT, v. MARK LEWANDOWSKI, DEFENDANT–APPELLANT, ET AL., DEFENDANTS.

CA 13–00041

Decided: February 14, 2014

PRESENT:  SMITH, J.P., FAHEY, LINDLEY, SCONIERS, AND WHALEN, JJ. WESTERN NEW YORK LAW CENTER, BUFFALO (KEISHA A. WILLIAMS OF COUNSEL), FOR DEFENDANT–APPELLANT. WOODS OVIATT GILMAN LLP, ROCHESTER (F. MICHAEL OSTRANDER OF COUNSEL), FOR PLAINTIFF–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum:  Defendant Mark Lewandowski appeals from an order that denied his application for a residential foreclosure settlement conference pursuant to CPLR 3408 and allowed plaintiff to proceed with this foreclosure action.   It is undisputed, however, that the mortgage has now been foreclosed and the property has since been sold to a third-party buyer.   Thus, as a result of the sale, this appeal has been rendered moot inasmuch as no purpose would be served by a settlement conference at this time (see generally Homeowners Assn. of Victoria Woods, III v Incarnato, 4 AD3d 814, 815).

Frances E. Cafarell

Clerk of the Court