WILMINGTON SAVINGS FUND SOCIETY FSB v. CALHOUN (2025)

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Deborah A. Calhoun appeals from (1) an order of the Supreme Court, Queens County (Salvatore J. Modica, J.), entered August 15, 2019, and (2) an order of the same court entered September 18, 2019.  The order entered August 15, 2019, 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 Deborah A. Calhoun, to strike that defendant's answer, and for an order of reference.  The order entered September 18, 2019, insofar as appealed from, granted the same relief to the plaintiff and referred the matter to 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).  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];  Wilmington Sav. Fund Socy., FSB v Calhoun, ––– AD3d –––– [Appellate Division Docket No. 2023–11000;  decided herewith]).

IANNACCI, J.P., MILLER, CHRISTOPHER and WAN, JJ., concur.