JPMORGAN CHASE BANK NATIONAL ASSOCIATION v. VALENCIA (2026)

Supreme Court, Appellate Division, Second Department, New York.

JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, etc., respondent, v. Richard VALENCIA, appellant, et al., defendants.

2023-05002

Decided: January 28, 2026

ANGELA G. IANNACCI, J.P., PAUL WOOTEN, BARRY E. WARHIT, DONNA–MARIE E. GOLIA, JJ.

Jeffrey Herzberg, P.C., Hauppauge, NY, for appellant. Parker Ibrahim & Berg LLP, New York, NY (Scott W. Parker of counsel), for respondent.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Richard Valencia appeals from an order of the Supreme Court, Queens County (Robert I. Caloras, J.), dated May 18, 2023. The order denied that defendant's motion for leave to renew his prior motion for summary judgment dismissing the complaint insofar as asserted against him, which had been denied in an order of the same court dated February 8, 2022.

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

The appeal from the order dated May 18, 2023, 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 appeal from that 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]; JPMorgan Chase Bank v. Valencia, ––– A.D.3d ––––, –––N.Y.S.3d ––––, 2026 WL 216940 [Appellate Division Docket No. 2024–10759; decided herewith]).

IANNACCI, J.P., WOOTEN, WARHIT and GOLIA, JJ., concur.

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