Opinion
April 28, 1986
Appeal from the Supreme Court, Nassau County (Roberto, J.).
Appeal from the order dismissed (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).
Judgment affirmed.
The respondents are awarded one bill of costs.
The plaintiff's action for declaratory relief is premature (see, Cutro v. Sheehan Agency, 96 A.D.2d 669; Combustion Eng. v Travelers Indem. Co., 75 A.D.2d 777, affd 53 N.Y.2d 875). "The declaratory judgment procedure is intended to deal with actual problems and not with remote possibilities which may never eventuate" (Guibord v. Guibord, 2 A.D.2d 34, 36; see also, Prashker v. United States Guar. Co., 1 N.Y.2d 584). Until there is a declared default and the commencement of foreclosure proceedings, there is no justiciable controversy. If foreclosure does occur, there will be time to litigate the priority of liens on the property. Lazer, J.P., Mangano, Gibbons and Bracken, JJ., concur.