GREEN TREE SERVICING LLC v. MTGLQ LP (2026)

DECISION & ORDER

In an action to foreclose a mortgage, nonparty Aderibigbe Ogundiran appeals from an order and judgment of foreclosure and sale (one paper) of the Supreme Court, Kings County (Noach Dear, J.), dated January 2, 2019.  The order and judgment of foreclosure and sale, inter alia, directed the sale of the subject property.

ORDERED that the appeal is dismissed, without costs or disbursements, as nonparty Aderibigbe Ogundiran is not aggrieved by the order and judgment of foreclosure and sale appealed from (see CPLR 5511;  Mixon v. TBV, Inc., 76 AD3d 144, 156–157).

CPLR 5511 provides, in relevant part, that “[a]n aggrieved party or a person substituted for him [or her] may appeal from any appealable judgment or order except one entered upon the default of the aggrieved party.”  “A person is aggrieved within the meaning of CPLR 5511 ‘when he or she asks for relief but that relief is denied in whole or in part,’ or, ‘when someone asks for relief against him or her, which the person opposes, and the relief is granted in whole or in part’ ” (Estella v. Val Auto, LLC, 221 AD3d 967, 967–968 [emphasis omitted], quoting Mixon v. TBV, Inc., 76 AD3d 144, 156–157;  see CPLR 5511).

Here, the appellant is not aggrieved within the meaning of CPLR 5511 since he neither moved for any relief nor was any relief granted against him (see Matter of MTGLQ Invs., L.P. v Marconti, 244 AD3d 1025).  Moreover, he did not participate in the action and did not move for leave to intervene therein, and the order and judgment of foreclosure and sale did not directly affect him (see Weiss v. Monaco, 245 A.D.2d 443).  Accordingly, the appellant lacks standing to maintain this appeal, and the appeal must be dismissed.

LASALLE, P.J., CHRISTOPHER, LANDICINO and MCCORMACK, JJ., concur.