TD Bank, N.A. v Roberts, 2020 NY Slip Op 05073 [186 AD3d 1559]

September 23, 2020

Appellate Division, Second Department

[*1]

TD Bank, N.A., Respondent,

v

Charmaine Roberts et al., Defendants, and Wade Cockburn, Appellant.

Wade Cockburn, Staten Island, NY, appellant pro se.

McCalla Raymer Leibert Pierce, LLC, New York, NY (Brian P. Scibetta of counsel), for respondent.

In an action to foreclose a mortgage, the defendant Wade Cockburn appeals from (1) an order of the Supreme Court, Richmond County (Judith N. McMahon, J.), dated April 21, 2017, and (2) an order of the same court dated June 6, 2017. The order dated April 21, 2017, 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. The order dated June 6, 2017, insofar as appealed from, denied that defendant’s cross motion for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the appeals are dismissed, without costs or disbursements.

The appeals from the orders dated April 21, 2017, and June 6, 2017, 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 appeals from the orders 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]; TD Bank, N.A. v Roberts , 186 AD3d 1559 [2020] [decided herewith]). Mastro, J.P., Cohen, Christopher and Wooten, JJ., concur..