LAKEVIEW LOAN SERVICING LLC v. FLORIO (2024)

DECISION & ORDER

In an action to foreclose a mortgage, the defendant John Florio, Jr., appeals from two orders of the Supreme Court, Suffolk County (Thomas F. Whelan, J.), both dated December 22, 2021.  The first 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 the defendant John Florio, Jr., to strike his answer, and for an order of reference.  The second order, insofar as appealed from, granted the same relief, struck that defendant's answer, and appointed a referee to compute the amount due to the plaintiff.

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

The appeals from the orders 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 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647).  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];  Lakeview Loan Servicing, LLC v. Florio, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2024 WL 3882354 [Appellate Division Docket No. 2022–07463;  decided herewith]).

DUFFY, J.P., CHRISTOPHER, FORD and LOVE, JJ., concur.