Opinion
Submitted January 16, 2001.
March 12, 2001.
In an action to foreclose a mortgage, the defendant Arthur Anthonisen, a/k/a Arthur C. Anthonisen, appeals from (1) an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated August 23, 1999, which granted the plaintiff's motion for summary judgment, (2) a judgment of foreclosure and sale of the same court dated February 23, 2000, and (3) an amended judgment of foreclosure and sale of the same court dated April 13, 2000.
Bernard E. Davis, Chester, N.Y., for appellant.
Gellert Cutler, P.C., Poughkeepsie, N.Y. (Lillian S. Weigert of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the appeal from the order is dismissed; and it is further,
ORDERED that the appeal from the judgment is dismissed as the judgment was superseded by the amended judgment; and it is further,
ORDERED that the amended judgment is affirmed; and it is further,
ORDERED that the respondent is awarded on bill of costs.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the amended judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the amended judgment (see, CPLR 5501[a][1]).
The plaintiff made a prima facie showing of entitlement to judgment as a matter of law (see, CPLR 3212; Gateway State Bank v. Shangri-La Private Club for Women, 113 A.D.2d 791, affd 67 N.Y.2d 627; Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851; Zuckerman v. City of New York, 49 N.Y.2d 557, 562). In opposition, the appellant failed to raise any triable issues of fact.
The appellant's remaining contentions are without merit.