Appellate Division of the Supreme Court of New York, 2021

Midland Mtge. Co. v. Imtiaz

Midland Mtge. Co. v. Imtiaz
Appellate Division of the Supreme Court of New York · Decided October 27, 2021
152 N.Y.S.3d 915; 198 A.D.3d 962; 2021 NY Slip Op 05853 (New York Supplement, Third Series)
Midland Mtge. Co. v. Imtiaz

Opinion

Midland Mtge. Co. v Imtiaz (2021 NY Slip Op 05853)
Midland Mtge. Co. v Imtiaz
2021 NY Slip Op 05853
Decided on October 27, 2021
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on October 27, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.

2019-08233
(Index No. 2994/10)

[*1]Midland Mortgage Company, respondent,

v

Misbah Imtiaz, appellant, et al., defendants.




Biolsi Law Group, P.C., New York, NY (Steven Alexander Biolsi of counsel), for appellant.

Gross Polowy, LLC, Westbury, NY (Stephen J. Vargas of counsel), for respondent.



DECISION & ORDER

In an action, inter alia, for a judgment declaring that the plaintiff is the holder of a valid first mortgage lien on the subject property, the defendant Misbah Imtiaz appeals from an order of the Supreme Court, Suffolk County (Howard H. Heckman, Jr., J.), dated March 15, 2019. The order, insofar as appealed from, denied that defendant's motion to vacate a mortgage recorded against the subject property.

ORDERED that the appeal is dismissed, with costs to the appellant.

The issues raised and the relief sought on this appeal have been rendered academic by reason of our determination in a related appeal (see U.S. Bank, N.A. v Imtiaz, _____ AD3d ______ [Appellate Division Docket No. 2017-10391; decided herewith]). Accordingly, this appeal must be dismissed as academic.

MASTRO, J.P., AUSTIN, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court



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