Opinion
06-01-2016
BANK OF NEW YORK MELLON, etc., respondent, v. Ralph CASALE, et al., appellants, et al., defendants.
Kim DSouza, LaGrangeville, NY, for appellants. Bryan Cave LLP, New York, NY (Suzanne M. Berger and Elizabeth J. Goldberg of counsel), for respondent.
Kim DSouza, LaGrangeville, NY, for appellants.
Bryan Cave LLP, New York, NY (Suzanne M. Berger and Elizabeth J. Goldberg of counsel), for respondent.
Opinion Appeal, as limited by the appellants' brief, from so much of an order of the Supreme Court, Dutchess County (Rosa, J.), dated January 14, 2013, as granted the plaintiff's motion to vacate an order of reference of the same court dated October 8, 2010, and for a new order of reference.
ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal is from an intermediate order dated January 14, 2013. However, a judgment of foreclosure and sale was entered in this action on July 10, 2014. Since the right of direct appeal from the intermediate order terminated with the entry of judgment in the action (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 ), we must dismiss the appeal from the intermediate order (see e.g. Indymac
Venture, LLC v. Poulos, 137 A.D.3d 1217, 27 N.Y.S.3d 405 ; Orellanna Siguenza v. Cemusa, Inc., 127 A.D.3d 727, 727, 6 N.Y.S.3d 568 ). The issues raised on the appeal from the intermediate order are brought up for review and have been considered on the companion appeal from the judgment (see CPLR 5501[a][1] ; Bank of New York Mellon v. Casale, 140 A.D.3d 682, 33 N.Y.S.3d 345, 2016 WL 3065549 [Appellate Division Docket No. 2015–01198; decided herewith] ). In light of our determination, we need not reach the respondent's remaining contentions.
AUSTIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.