Opinion
2016–05322 2016–05323 Index No. 69187/13
09-25-2019
HSBC BANK USA, NATIONAL ASSOCIATION, etc., Respondent, v. Michael N. BAZIGOS, Appellant, et al., Defendants.
Stephen C. Silverberg, PLLC, Uniondale, NY, for appellant. Hogan Lovells U.S. LLP, New York, N.Y. (Heather R. Gushue, David Dunn, and Chava Brandriss of counsel), for respondent.
Stephen C. Silverberg, PLLC, Uniondale, NY, for appellant.
Hogan Lovells U.S. LLP, New York, N.Y. (Heather R. Gushue, David Dunn, and Chava Brandriss of counsel), for respondent.
REINALDO E. RIVERA, J.P., COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER Motion by the plaintiff, inter alia, to dismiss the appeals from the orders on the ground that the right of direct appeal therefrom terminated upon the entry of the order and judgment of foreclosure and sale. By decision and order on motion of this Court dated December 28, 2017, that branch of the motion which is to dismiss the appeals was held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the submission of the appeals, it is
ORDERED that the branch of the motion which is to dismiss the appeals is granted; and it is further,
ORDERED that the appeals from the orders are dismissed, without costs or disbursements.
The appeals from these intermediate orders must be dismissed because the right of direct appeal therefrom terminated with the entry of the order and judgment of foreclosure and sale (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 appeals from the orders are brought up for review and have been considered on the appeal from the order and judgment of foreclosure and sale (see CPLR 5501[a][1] ; HSBC Bank USA, National Association v. Bazigos, 175 A.D.3d 1506, 109 N.Y.S.3d 381 [Appellate Division Docket No. 2017–02225 ; decided herewith] ).
RIVERA, J.P., DUFFY, CONNOLLY and IANNACCI, JJ., concur.