Opinion
2018–01495 Index No. 62708/14
08-26-2020
SPARTA GP HOLDING REO CORP., Respondent, v. Debi LYNCH, Appellant, et al., Defendants.
Charles Wallshein, Melville, NY, for appellant. Hogan Lovells U.S. LLP (Reed Smith LLP, New York, N.Y. [Jennifer L. Neuner and Andrew B. Messite ], of counsel), for respondent.
Charles Wallshein, Melville, NY, for appellant.
Hogan Lovells U.S. LLP (Reed Smith LLP, New York, N.Y. [Jennifer L. Neuner and Andrew B. Messite ], of counsel), for respondent.
WILLIAM F. MASTRO, J.P., FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, PAUL WOOTEN, JJ.
DECISION & ORDER In an action to foreclose a mortgage, the defendant Debi Lynch appeals from an order of the Supreme Court, Suffolk County (Robert F. Quinlan, J.), dated December 18, 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 for an order of reference.
ORDERED that the appeal is dismissed, without costs or disbursements. The appeal from the order dated December 18, 2017, 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 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 ( Sparta GP Holding Reo Corp. v. Lynch, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2020 WL 5032314 [Appellate Division Docket No. 2019–05776 ; 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 ; JBBNY, LLC v. Dedvukaj, 171 A.D.3d 898, 98 N.Y.S.3d 221 ).
MASTRO, J.P., CONNOLLY, BRATHWAITE NELSON and WOOTEN, JJ., concur.