Lasalle Bank Nat'l Ass'n v. Carlton

204 A.D.3d 984

165 N.Y.S.3d 358 (Mem)

LASALLE BANK NATIONAL ASSOCIATION, etc., respondent,

v.Sharon CARLTON, appellant, et al., defendants.

2018–00309

Index No. 1062/08

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

Argued—November 5, 2021

April 27, 2022

The Rosenfeld Law Office, Lawrence, N.Y. (Avinoam Y. Rosenfeld of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, N.Y. (Richard P. Haber of counsel), for respondent.

HECTOR D. LASALLE, P.J., COLLEEN D. DUFFY, WILLIAM G. FORD, DEBORAH A. DOWLING, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Sharon Carlton appeals from an order of the Supreme Court, Queens County (Chereé A. Buggs, J.), entered July 13, 2017. The order, insofar as appealed from, granted those branches of the plaintiff's motion which were for leave to enter a default judgment against that defendant and for an order of reference.

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

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with entry of the 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 related appeal from the order and judgment of foreclosure and sale ( LaSalle Bank N.A. v. Carlton, ––– A.D.3d –––, 165 N.Y.S.3d 325 [Appellate Division Docket No. 2018–07740 ; decided herewith]; see CPLR...