BANK NATIONAL ASSOCIATION v. KERENDIAN (2024)

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Haleh Kerendian appeals from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered May 3, 2019.  The order granted the plaintiff's motion, inter alia, for leave to enter a default judgment against the defendant Haleh Kerendian and for an order of reference and denied that defendant's cross-motion, among other things, pursuant to CPLR 3215(c) to dismiss the amended complaint insofar as asserted against her as abandoned.

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

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 (see CPLR 5501[a][1];  U.S. Bank N.A. v. Kerendian, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2024 WL 4758546 [Appellate Division Docket No. 2022–08046;  decided herewith]).

IANNACCI, J.P., MALTESE, WAN and GOLIA, JJ., concur.