ONEWEST BANK FSB v. THOMAS (2025)

DECISION & ORDER

In an action to foreclose a mortgage, the defendants Jaimon Thomas and Mary Thomas appeal from two orders of the Supreme Court, Westchester County (David F. Everett, J.), both dated June 16, 2023.  The first order, after a nonjury trial, granted the plaintiff's motion for an order of reference and denied the cross-motion of the defendants Jaimon Thomas and Mary Thomas to dismiss the complaint insofar as asserted against them as abandoned pursuant to 22 NYCRR 202.48(b).  The second order granted the same relief to the plaintiff 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 the 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 related appeal from the order and judgment of foreclosure and sale (see Onewest Bank FSB v. Thomas, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2025 WL 2922178 [Appellate Division Docket No. 2024–10205;  decided herewith];  CPLR 5501[a][1]).

DUFFY, J.P., MILLER, LANDICINO and HOM, JJ., concur.