Wilmington Sav. Fund Socy., FSB v Mehraban, 2021 NY Slip Op 01801 [192 AD3d 1065]

March 24, 2021

Appellate Division, Second Department

[*1]

Wilmington Savings Fund Society, FSB, Plaintiff,

v

Mayer Mehraban, Appellant, et al., Defendants.

Michael S. Winokur, Flushing, NY, for appellant.

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY (Brett M. Milchman of counsel), for nonparty respondent.

In an action to foreclose a mortgage, the defendant Mayer Mehraban appeals from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered June 20, 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 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 the order and judgment of foreclosure and sale in the action ( see Matter of Aho , 39 NY2d 241, 248 [1976]). 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 ( Wilmington Savings Fund Society, FSB v Mehraban , 192 AD3d 1066 [2021] [decided herewith]; see CPLR 5501 [a] [1]; Matter of Aho , 39 NY2d at 248). Rivera, J.P., Chambers, Miller and Brathwaite Nelson, JJ., concur..