Countrywide Home Loans, Inc. v. Connors

167 N.Y.S.3d 803 (Mem)

COUNTRYWIDE HOME LOANS, INC., respondent,

v.Maria E. CONNORS, appellant, et al., defendants.

2019–04237

Index No. 32541/08

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

Argued—February 14, 2022

June 8, 2022

Mildred J. Michalczyk, East Farmingdale, NY, for appellant.

FRANCESCA E. CONNOLLY, J.P., LINDA CHRISTOPHER, LARA J. GENOVESI, DEBORAH A. DOWLING, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Maria E. Connors appeals from an order of the Supreme Court, Suffolk County (James Hudson, J.), dated October 5, 2018. The order granted the plaintiff's unopposed motion for leave to discontinue the action and to cancel the notice of pendency.

ORDERED that appeal is dismissed, without costs or disbursements, as the defendant Maria E. Connors is not aggrieved by the order appealed from (see CPLR 5511 ; Mixon v. TBV, Inc., 76 A.D.3d 144, 904 N.Y.S.2d 132 ).

On April 13, 2005, the defendant Maria E. Connors (hereinafter the defendant) executed a note in the sum of $270,400 in favor of nonparty GreenPoint Mortgage Funding, Inc. (hereinafter GreenPoint). The note was secured by a mortgage on certain real property located in Nassau County.

On August 22, 2008, Countrywide Home Loans, Inc. (hereinafter Countrywide), GreenPoint's successor in interest, commenced this action to foreclose the mortgage against the defendant, among others. Exactly 10 years later, on August 22, 2018, Countrywide moved for leave to discontinue the action and to cancel the notice of pendency. In an affirmation in support, Countrywide's counsel averred that the defendant was in default. The defendant did not oppose Countrywide's motion. In an order dated October 5, 2018, the Supreme Court granted Countrywide's motion, and the defendant appeals.

The defendant is not aggrieved by the order discontinuing the action to foreclose the mortgage. "[A] person is aggrieved ...