Wilmington Sav. Fund Socy., FSB v Hershkowitz

Wilmington Sav. Fund Socy., FSB v Hershkowitz 2020 NY Slip Op 07428 Decided on December 9, 2020 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 December 9, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ALAN D. SCHEINKMAN, P.J.
RUTH C. BALKIN
JEFFREY A. COHEN
HECTOR D. LASALLE, JJ.
2019-06202
(Index No. 712921/16)

[*1]Wilmington Savings Fund Society, FSB, etc., appellant,

v

Menuchem Hershkowitz, respondent, et al., defendants.

Knuckles, Komosinski & Manfro, LLP, Fishkill, NY (Louis A. Levithan of counsel), for appellant.

DECISION & ORDER

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), entered January 16, 2019. The order, insofar as appealed from, upon denying the plaintiff's motion, inter alia, to confirm the referee's report and for a judgment of foreclosure and sale, and granting the cross motion of the defendant Menuchem Hershkowitz to direct the referee to recompute the sums owed to the plaintiff, directed the referee to recompute the sums owed by calculating principal and interest accruing from no earlier than October 28, 2016.

ORDERED that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on a related appeal (see Wilmington Savings Fund Society, FSB v Hershkowitz, ___ AD3d ___ [Appellate Division Docket No. 2018-09038; decided herewith]).

SCHEINKMAN, P.J., BALKIN, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court