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