Opinion
2016–06422 Index No. 31684/13
04-03-2019
MNH SUB I, LLC, Respondent, v. Vivian Y. FU, Appellant.
Legal Aid Society of Rockland County, Inc., New City, N.Y. (Derek S. Tarson of counsel), for appellant. Knuckles Komosinski & Manfro, LLP, Elmsford, N.Y. (John E. Brigandi, Elmsford, and Evelyn Flores, Garden City, of counsel), for respondent.
Legal Aid Society of Rockland County, Inc., New City, N.Y. (Derek S. Tarson of counsel), for appellant.
Knuckles Komosinski & Manfro, LLP, Elmsford, N.Y. (John E. Brigandi, Elmsford, and Evelyn Flores, Garden City, of counsel), for respondent.
WILLIAM F. MASTRO, J.P., COLLEEN D. DUFFY, HECTOR D. LASALLE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendant Vivian Y. Fu appeals from an order of the Supreme Court, Rockland County (William A. Kelly, J.), dated May 25, 2016. 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, to strike that defendant's amended answer and affirmative defenses, and to appoint a referee to compute the amount due to the plaintiff.
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 entry of the 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 related appeal from the order and judgment of foreclosure and sale (see CPLR 5501[a][1] ; Marchai Properties, L.P. v. Fu, 171 A.D.3d 722, 98 N.Y.S.3d 92, 2019 WL 1461946 [decided herewith] ).
MASTRO, J.P., DUFFY, LASALLE and IANNACCI, JJ., concur.