Opinion
2018–14756 Index No. 11922/14
11-17-2021
HSBC BANK USA, NATIONAL ASSOCIATION, etc., respondent, v. Daniel GREENBERG, et al., defendants; Stephanie Greenberg, nonparty-appellant.
Jonathan A. Stein P.C., Cedarhurst, NY, for nonparty-appellant. Eckert Seamans Cherin & Mellott, LLC, White Plains, NY (Riyaz G. Bhimani of counsel), for respondent.
Jonathan A. Stein P.C., Cedarhurst, NY, for nonparty-appellant.
Eckert Seamans Cherin & Mellott, LLC, White Plains, NY (Riyaz G. Bhimani of counsel), for respondent.
REINALDO E. RIVERA, J.P., VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, WILLIAM G. FORD, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, nonparty Stephanie Greenberg appeals from an order and judgment of foreclosure and sale (one paper) of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered August 23, 2018. The order and judgment of foreclosure and sale, upon an order of the same court entered March 10, 2017, granting the plaintiff's motion, inter alia, for leave to enter a default judgment and for an order of reference, granted the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale, confirmed the referee's report, and directed the sale of the subject property.
ORDERED that the appeal is dismissed, with costs.
Nonparty Stephanie Greenberg is not aggrieved by the order and judgment of foreclosure and sale, and lacks standing to maintain this appeal (see CPLR 5511 ; Mixon v. TBV, Inc., 76 A.D.3d 144, 904 N.Y.S.2d 132 ). Greenberg did not move in the Supreme Court to intervene in this action, notwithstanding that she had notice thereof (see Kelley v. Garuda, 189 A.D.3d 807, 138 N.Y.S.3d 173 ). Accordingly, Greenberg's contentions are not properly before this Court, and we dismiss Greenberg's appeal from the order and judgment of foreclosure and sale.
RIVERA, J.P., BRATHWAITE NELSON, IANNACCI and FORD, JJ., concur.