Deutsche Bank Nat'l Trust Co. v. Bonal

205 A.D.3d 884

166 N.Y.S.3d 561 (Mem)

DEUTSCHE BANK NATIONAL TRUST CO., etc., respondent,

v.Kenneth BONAL, appellant, et al., defendants.

2018-00694, 2018-00696

Index No. 61217/13

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

Submitted—March 3, 2022

May 18, 2022

Charles Wallshein, PLLC, Melville, NY, for appellant.

Bryan Cave Leighton Paisner LLP, New York, NY (Suzanne M. Berger and Jonathan E. Ginsberg of counsel), for respondent.

BETSY BARROS, J.P., REINALDO E. RIVERA, CHERYL E. CHAMBERS, PAUL WOOTEN, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Kenneth Bonal appeals from two orders of the Supreme Court, Suffolk County (Howard H. Heckman, Jr., J.), both dated October 23, 2017. The first 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 the defendant Kenneth Bonal and dismissing his answer with affirmative defenses, and for an order of reference. The second order, insofar as appealed from, granted the same relief to the plaintiff and referred the matter to a referee to compute the amount due to the plaintiff.

ORDERED that the appeals are dismissed, without costs or disbursements.

The appeals from the orders 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 appeals from the orders are brought up for review and have been...