Sparta GP Holding Reo Corp. v. Lynch

WILLIAM F. MASTRO, J.P.

FRANCESCA E. CONNOLLY VALERIE BRATHWAITE NELSON PAUL WOOTEN, JJ. (Index No. 62708/14)

Charles Wallshein, Melville, NY, for appellant.

Hogan Lovells US LLP (Reed Smith LLP, New York, NY [Jennifer L. Neuner and Andrew B. Messite], of counsel), for respondent.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Debi Lynch appeals from an order of the Supreme Court, Suffolk County (Robert F. Quinlan, J.), dated December 18, 2017. 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 and for an order of reference.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal from the order dated December 18, 2017, 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 NY2d 241, 248). 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 (Sparta GP Holding Reo Corp. v Lynch, __ AD3d __, [Appellate Division Docket No. 2019-05776; decided herewith]; see CPLR 5501[a][1]; Matter of Aho, 39 NY2d at 248; JBBNY, LLC v Dedvukaj, 171 AD3d 898).

MASTRO, J.P., CONNOLLY, BRATHWAITE NELSON and WOOTEN, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court