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Even Though the Appeal Had Been Rendered Moot, It Was Appropriate for the Appellate Court to Vacate the Underlying Order

The Second Department explained that, although the appeal had been rendered academic, it was appropriate for the appellate court to vacate the underlying order in order to prevent the order from spawning any further legal proceedings:

While it is the general policy of New York courts to simply dismiss an appeal which has been rendered academic, vacatur of an order or judgment on appeal may be an appropriate exercise of discretion where necessary “in order to prevent a judgment which is unreviewable for mootness from spawning any legal consequences or precedent” … . Here, the plaintiffs sold the premises and satisfied the subject mortgage under threat of foreclosure. They ” ought not in fairness be forced to acquiesce in'” the unreviewable order, which could spawn adverse legal consequences due to its res judicata effect … . Accordingly, we vacate so much of the order … as awarded the defendants summary judgment dismissing the complaint. Mannino v Wells Fargo Home Mtge Inc, 2014 NY Slip Op 05846, 2nd Dept 8-20-14

 

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