Opinion
2016–00913 Index No. 17916/10
07-03-2019
CAPITAL ONE, NA, etc., Respondent, v. Farah Maleki AMID, appellant, et al., Defendants.
Alexander Potruch, LLC, Garden City, N.Y. (John H. Hall, Jr., of counsel), for appellant. Woods Oviatt Gilman LLP (Knuckles, Komosinski & Manfro LLP, Elmsford, N.Y. [Jordan J. Manfro and Loretta Carty], of counsel), for respondent.
Alexander Potruch, LLC, Garden City, N.Y. (John H. Hall, Jr., of counsel), for appellant.
Woods Oviatt Gilman LLP (Knuckles, Komosinski & Manfro LLP, Elmsford, N.Y. [Jordan J. Manfro and Loretta Carty], of counsel), for respondent.
REINALDO E. RIVERA, J.P., MARK C. DILLON, SHERI S. ROMAN, COLLEEN D. DUFFY, JJ.
DECISION & ORDER Motion by the respondent to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry of a judgment in this action. By decision and order on motion of this Court dated November 13, 2018, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the argument of the appeal, it is
ORDERED that the motion to dismiss the appeal is granted; and it is further,
ORDERED that the appeal is dismissed; and it is further,
ORDERED that one bill of costs is awarded to the plaintiff.
The appeal from the order entered November 18, 2015, must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in this 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 ( Capital One, NA v. Amid, 174 A.D.3d 494, 104 N.Y.S.3d 186, 2019 WL 2844576 [Appellate Division Docket No. 2017–07126 ; 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 ).
RIVERA, J.P., DILLON, ROMAN and DUFFY, JJ., concur.