Appellate Division: Second Judicial Department

M85700

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STEVEN W. FISHER, J.P.

MARK C. DILLON

HOWARD MILLER

RANDALL T. ENG, JJ.

2009-00770 Bank of America, N.A., etc., respondent, v Mark Wattenmaker, appellant, et al., defendants. (Index No. 25236-06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated December 22, 2008, inter alia, for leave to prosecute the appeal as a poor person. By order to show cause dated March 20, 2009, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal had been rendered academic by the reinstatement of a certain mortgage, and the branch of the motion which was for leave to prosecute the appeal as a poor person was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion, inter alia, for leave to prosecute the appeal as a poor person and the papers filed in opposition thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that it has been rendered academic; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied as academic.

FISHER, J.P., DILLON, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court