Deutsche Bank Trust Co. Ams. v Marous, 2020 NY Slip Op 04535 [186 AD3d 668]

August 19, 2020

Appellate Division, Second Department

[*1]

Deutsche Bank Trust Company Americas, Respondent,

v

Gabriel Marous, Appellant, et al., Defendants.

Gunilla Perez-Faringer, White Plains, NY, for appellant.

Houser & Allison, APC, New York, NY (Kathleen M. Massimo and Alina Levi of counsel), for respondent.

In an action to foreclose a mortgage, the defendant Gabriel Marous appeals from an order of the Supreme Court, Westchester County (Terry Jane Ruderman, J.), dated January 4, 2017. The order, insofar as appealed from, denied that defendant’s motion to dismiss the complaint insofar as asserted against him.

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

The appeal 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 are brought up for review and have been considered on the appeal from the order and judgment of foreclosure and sale ( Deutsche Bank Trust Co. Ams. v Marous , 186 AD3d 669 [2020] [decided herewith]; see CPLR 5501 [a] [1]; Matter of Aho , 39 NY2d at 248). Rivera, J.P., Dillon, Miller and Barros, JJ., concur..