Opinion
2017–00491 Index No. 11289/14
10-30-2019
U.S. BANK NATIONAL ASSOCIATION, etc., Respondent, v. Carol CALLENDER, et al., Appellants, et al., Defendants.
Biolsi Law Group, P.C., New York, N.Y. (Aveet Basnyat and Steven Alexander Biolsi of counsel), for appellants. Knuckles, Komosinski & Manfro, LLP, Elmsford, N.Y. (Loretta Carty of counsel), for respondent.
Biolsi Law Group, P.C., New York, N.Y. (Aveet Basnyat and Steven Alexander Biolsi of counsel), for appellants.
Knuckles, Komosinski & Manfro, LLP, Elmsford, N.Y. (Loretta Carty of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., SHERI S. ROMAN, ROBERT J. MILLER, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER In an action to foreclose a mortgage, the defendants Carol Callender and Wayne Callender appeal from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered November 17, 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 those defendants, to strike their answer, and for an order of reference. ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of an 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 appeal from the order and judgment of foreclosure and sale (see CPLR 5501[a][1] ; U.S. Bank Natl. Assn. v. Callender , 176 A.D.3d 1249, 111 N.Y.S.3d 65, 2019 WL 5581786 [Appellate Division Docket No. 2017–10579 ; decided herewith] ).
SCHEINKMAN, P.J., ROMAN, MILLER and CONNOLLY, JJ., concur.