Opinion
2017–07803 Index No. 68032/14
12-04-2019
PROF–2013–S3 LEGAL TITLE TRUST, etc., Respondent, v. Evan SANTO, et al., Appellants, et al., Defendants.
Galarza Law Office P.C., Massapequa Park, N.Y. (Charles W. Marino of counsel), for appellants. Fein, Such & Crane LLP, Westbury, N.Y. (Michael Hanusek and Josh Sears of counsel), for respondent.
Galarza Law Office P.C., Massapequa Park, N.Y. (Charles W. Marino of counsel), for appellants.
Fein, Such & Crane LLP, Westbury, N.Y. (Michael Hanusek and Josh Sears of counsel), for respondent.
REINALDO E. RIVERA, J.P., LEONARD B. AUSTIN, JOHN M. LEVENTHAL, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendants Evan Santo and Concetta Santo appeal from an order of the Supreme Court, Suffolk County (John H. Rouse, J.), dated July 3, 2017. The order denied those defendants' motion for summary judgment dismissing the complaint insofar as asserted against them.
ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal from the order dated July 3, 2017, must be dismissed because the right of direct appeal therefrom terminated with the entry of 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 appeal from the judgment of foreclosure and sale ( PROF–2013–S3 Legal Title Trust v. Santo, –––A.D.3d ––––, 111 N.Y.S.3d 218, 2019 WL 6519436 [Appellate Division Docket No. 2018–00308 ; 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., AUSTIN, LEVENTHAL and IANNACCI, JJ., concur.