NATIONSTAR MORTGAGE LLC v. 2930B111 LLC (2024)

DECISION & ORDER

In an action to foreclose a mortgage, nonparty 2930B111, LLC, appeals from (1) an undated decision of the Supreme Court, Nassau County (Thomas A. Adams, J.), and (2) stated portions of an order of the same court entered May 14, 2019.   The order, upon the decision, inter alia, granted those branches of the motion of U.S. Bank National Association, as the plaintiff's assignee, which were for summary judgment on the complaint insofar as asserted against the defendant Veronica Medina, for an order of reference, and to amend the caption to substitute U.S. Bank National Association as the plaintiff, and denied the cross-motion of nonparty 2930B111, LLC, for leave to intervene in the action and, thereupon, for leave to serve an answer.

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

The appeal from the decision must be dismissed, as no appeal lies from a decision (see Schicchi v. J.A. Green Constr. Corp., 100 A.D.2d 509, 472 N.Y.S.2d 718).  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 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647).  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 (U.S. Bank N.A. v. Medina, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2024 WL 4281216 [decided herewith];  see CPLR 5501[a][1];  Matter of Aho, 39 N.Y.2d at 248, 383 N.Y.S.2d 285, 347 N.E.2d 647).

CONNOLLY, J.P., IANNACCI, GENOVESI and LOVE, JJ., concur.