U.S. Bank Trust National Association, etc., respondent, v. Waldo Valle, etc., appellant, et al., defendants. (2026)

Submitted—September 2, 2025

DECISION & ORDER

Q/

In an action to foreclose a mortgage, the defendant Waldo Valle appeals from an order of the Supreme Court, Suffolk County (John H. Rouse, J.), dated February 1, 2022.  The order denied that defendant's motion to deem his answer to be timely filed or, in the alternative, pursuant to CPLR 3012(d) to compel the plaintiff to accept his late answer.

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

The appeal from the order dated February 1, 2022, 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 on October 17, 2023 (see Matter of Aho, 39 N.Y.2d 241).  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];  see U.S. Bank Trust N.A. v. Valle, _ AD3d _ [Appellate Division Docket Nos.2023–03475, 2023–03476, 2023–11460;  decided herewith] ).

LASALLE, P.J., CHAMBERS, FORD and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court