Bank of N.Y. Mellon v. Carbone

190 A.D.3d 803

136 N.Y.S.3d 742 (Mem)

BANK OF NEW YORK MELLON, etc., respondent,

v.Louis CARBONE, etc., et al., appellants, et al., defendants.

2018–11045

Index No. 5837/15

Supreme Court, Appellate Division, Second Department, New York.

Argued—October 9, 2020

January 20, 2021

Lawrence Katz, Valley Stream, NY, for appellants.

Gross Polowy, LLC, Westbury, N.Y. (Stephen J. Vargas of counsel), for respondent.

WILLIAM F. MASTRO, A.P.J., LEONARD B. AUSTIN, SYLVIA O. HINDS–RADIX, PAUL WOOTEN, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendants Louis Carbone and Denise Carbone appeal from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered March 1, 2018. The order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against those defendants and for an order of reference.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal from the order entered March 1, 2018, must be dismissed because the right of direct appeal therefrom terminated with the entry of an order and judgment of foreclosure and sale in the action (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 ). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the order and judgment of foreclosure and sale ( Bank of New York Mellon v. Carbone, 190 A.D.3d 803, 136 N.Y.S.3d 783 [Appellate Division Docket No. 2018–14701 ; decided herewith]; see CPLR 5501[a][1] ; Matter of Aho, ...