Bank of N.Y. Mellon v Carbone, 2021 NY Slip Op 00282 [190 AD3d 803]

January 20, 2021

Appellate Division, Second Department

[*1]

Bank of New York Mellon, Respondent,

v

Louis Carbone et al., Appellants, et al., Defendants.

Lawrence Katz, Valley Stream, NY, for appellants.

Gross Polowy, LLC, Westbury, NY (Stephen J. Vargas of counsel), for respondent.

In an action to foreclose a mortgage, the defendants Louis Carbone and Denise Carbone appeal from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered March 1, 2018. 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 and for an order of reference.

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

The appeal from the order entered March 1, 2018, 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 ( Bank of New York Mellon v Carbone , 190 AD3d 803 [2021] [decided herewith]; see CPLR 5501 [a] [1]; Matter of Aho , 39 NY2d at 248). Mastro, A.P.J., Austin, Hinds-Radix and Wooten, JJ., concur..