U.S. Bank N.A. v Callender, 2019 NY Slip Op 07805 [176 AD3d 1248]

October 30, 2019

Appellate Division, Second Department

[*1]

U.S. Bank National Association, Respondent,

v

Carol Callender et al., Appellants, et al., Defendants.

Biolsi Law Group, P.C., New York, NY (Aveet Basnyat and Steven Alexander Biolsi of counsel), for appellants.

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY (Loretta Carty of counsel), for respondent.

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 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 ( see CPLR 5501 [a] [1]; U.S. Bank N.A. v Callender , 176 AD3d 1249 [2019] [decided herewith]). Scheinkman, P.J., Roman, Miller and Connolly, JJ., concur..