Opinion
March 9, 1998
Appeal from the Supreme Court, Queens County (Lerner, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).
It is undisputed that the defendant John Papis has not paid his monthly installments on the mortgage since December 1992. The plaintiff's submission of a copy of the duly executed mortgage note, the mortgage, and the document authorizing it to make tax payments on the subject property sufficiently established its cause of action for foreclosure (see, Rukaj v. Roth, 237 A.D.2d 503). Papis failed to substantiate his conclusory allegations or demonstrate the existence of factual issues requiring a trial (see, Home Sav. Bank v. Schorr Bros. Dev. Corp., 213 A.D.2d 512). Accordingly, summary judgment was properly granted in the plaintiff's favor (see, Zuckerman v. City of New York, 49 N.Y.2d 557, 559).
Thompson, J. P., Sullivan, Florio and McGinity, JJ., concur.