Summary
The Appellate Division, Second Department dismissed as academic Lisa Maron's appeal from an order extending the time for Deutsche Bank Trust Company Americas to schedule a foreclosure sale and denying her request to stay proceedings. The court concluded that the extension period had expired and that related appeals had been decided, rendering the issues academic.
Topics
Practice areas
Questions Presented
- Whether the appeal from the order extending the time to schedule a foreclosure sale remained justiciable after the extension period expired.
- Whether the appeal concerning Maron's request to stay proceedings remained justiciable after the related appeals were decided.
Holdings
- The appeal was dismissed as academic because the extension of time to schedule the foreclosure sale had expired and the issue concerning a stay pending related appeals had been rendered academic by the determination of those appeals.
Key quotations
“ORDERED that the appeal is dismissed as academic, with costs.” ([*1])
Factual background
Deutsche Bank Trust Company Americas brought an action to foreclose a mortgage. The Supreme Court extended the plaintiff's deadline to schedule a foreclosure sale through December 31, 2024, and denied Lisa Maron's cross-motion to stay all proceedings pending related appeals. By the time the Appellate Division considered the appeal, the extension deadline had passed and the related appeals had been determined.
Procedural history
In a mortgage foreclosure action, the Supreme Court, Queens County, entered an order on June 12, 2024, extending the plaintiff's time to schedule a foreclosure sale to December 31, 2024, and denying Maron's request for a stay. While this appeal was pending, the extension period expired and the related appeals were decided. The Appellate Division dismissed the appeal as academic.