Opinion
2014–10799 Index No. 29066/10
07-25-2018
Catherine KUPPERSTOCK, respondent, v. Arie KUPPERSTOCK, etc., appellant.
Koss & Schonfeld, LLP, New York, N.Y. (Simcha D. Schonfeld of counsel), for appellant. Windels, Marx, Lane & Mittendorf, LLP, New York, N.Y. (Robert D. Mercurio of counsel), for respondent.
Koss & Schonfeld, LLP, New York, N.Y. (Simcha D. Schonfeld of counsel), for appellant.
Windels, Marx, Lane & Mittendorf, LLP, New York, N.Y. (Robert D. Mercurio of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., SANDRA L. SGROI, HECTOR D. LASALLE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action, inter alia, to cancel and discharge a mortgage, the defendant appeals from an order of the Supreme Court, Queens County (Allan B. Weiss, J.), entered September 18, 2014. The order, insofar as appealed from, denied that branch of the defendant's motion which was for summary judgment dismissing the complaint.
Motion by the plaintiff, inter alia, to dismiss the appeal on the ground that the right of direct appeal therefrom terminated upon the entry of a judgment of the same court entered August 9, 2016. By decision and order on motion of this Court dated October 14, 2016, that branch of the motion which is to dismiss the appeal from the order 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 argument of the appeals, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order is granted; and it is further,
ORDERED that the appeal is dismissed, with costs.
The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action entered August 9, 2016 (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 and cross appeal from the judgment (see Kupperstock v. Kupperstock , 163 A.D.3d 940, ––– N.Y.S.3d ––––, 2018 WL 3559088 [Appellate Division Docket No. 2016–09835 ; decided herewith]; see also CPLR 5501[a][1] ; Matter of Aho , 39 N.Y.2d at 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 ).
LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.