Opinion
2017–01616 Index No. 60100/16
08-19-2020
DEUTSCHE BANK TRUST COMPANY AMERICAS, etc., Respondent, v. Gabriel MAROUS, Appellant, et al., Defendants.
Gunilla Perez–Faringer, White Plains, NY, for appellant. Houser & Allison, APC, New York, N.Y. (Kathleen M. Massimo and Alina Levi of counsel), for respondent.
Gunilla Perez–Faringer, White Plains, NY, for appellant.
Houser & Allison, APC, New York, N.Y. (Kathleen M. Massimo and Alina Levi of counsel), for respondent.
REINALDO E. RIVERA, J.P., MARK C. DILLON, ROBERT J. MILLER, BETSY BARROS, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendant Gabriel Marous appeals from an order of the Supreme Court, Westchester County (Terry Jane Ruderman, J.), dated January 4, 2017. The order, insofar as appealed from, denied that defendant's motion to dismiss the complaint insofar as asserted against him.
ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal 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, 383 N.Y.S.2d 285, 347 N.E.2d 647 ). The issues raised on the appeal are brought up for review and have been considered on the appeal from the order and judgment of foreclosure and sale ( Deutsche Bank Trust Company Americas v. Marous, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2020 WL 4810338 [Appellate Division Docket No. 2018–10595; decided herewith ]; see CPLR 5501[a][1] ; Matter of Aho, 39 N.Y.2d at 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 ).
RIVERA, J.P., DILLON, MILLER and BARROS, JJ., concur.