Opinion
2017–10177 Index No. 514754/15
01-05-2022
21ST MORTGAGE CORPORATION, etc., respondent, v. Mannes RUDMAN, et al., defendants, BP Hatzlucha Management Corp., appellant.
Avi Rosenfeld, Lawrence, NY, for appellant. Rowlands, LeBrou & Griesmer, PLLC, Saratoga Springs, NY (Michael J. Catalfimo of counsel), for respondent.
Avi Rosenfeld, Lawrence, NY, for appellant.
Rowlands, LeBrou & Griesmer, PLLC, Saratoga Springs, NY (Michael J. Catalfimo of counsel), for respondent.
LEONARD B. AUSTIN, J.P., BETSY BARROS, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
In an action to foreclose a mortgage, the defendant BP Hatzlucha Management Corp. appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), dated June 5, 2017. 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 that defendant and to appoint a referee to compute the amount due to the plaintiff.
ORDERED that the appeal from the order is dismissed, without costs or disbursements.
The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the 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 appeal from the order and judgment of foreclosure and sale ( 21st Mtge. Corp. v. Rudman, 201 A.D.3d 618, ––– N.Y.S.3d –––– [decided herewith] ; see CPLR 5501[a][1] ; Matter of Aho, 39 N.Y.2d at 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 ).
AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.