Opinion
2017–01657 2019–10159 Index No. 5198/10
12-18-2019
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Respondent, v. Thomas BRAUNWORTH III, et al., Defendants, Gustavia Home, LLC, Appellant.
Zimmerman Law, P.C., Huntington Station, N.Y. (Naomi Trainer and Antonio Marano of counsel), for appellant. Hogan Lovells U.S. LLP, New York, N.Y. (David Dunn, Christian Fletcher, and Cameron E. Grant of counsel), for respondent.
Zimmerman Law, P.C., Huntington Station, N.Y. (Naomi Trainer and Antonio Marano of counsel), for appellant.
Hogan Lovells U.S. LLP, New York, N.Y. (David Dunn, Christian Fletcher, and Cameron E. Grant of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., SHERI S. ROMAN, ROBERT J. MILLER, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendant Gustavia Home, LLC, appeals from (1) an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered October 21, 2016, and (2) an order and judgment of foreclosure and sale (one paper) of the same court entered May 15, 2019. The order, insofar as appealed from, denied that branch of that defendant's motion which was pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against it as abandoned. The order and judgment of foreclosure and sale, inter alia, granted the plaintiff's motion for a judgment of foreclosure and sale, confirmed the report of referee, and directed the sale of the subject property.
ORDERED that the appeal from the order is dismissed; and it is further,
ORDERED that the order and judgment of foreclosure and sale is affirmed insofar as appealed from by the defendant Gustavia Home, LLC; and it is further,
ORDERED that one bill of costs is awarded to the plaintiff.
The appeal by the defendant Gustavia Home, LLC, from the order must be dismissed as the right of direct appeal therefrom terminated with the entry of the order and judgment of foreclosure and sale (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 from the order are brought up for review and have been considered on the appeal by the defendant Gustavia Home, LLC, from the order and judgment of foreclosure and sale (see CPLR 5501[a] ).
We affirm the order and judgment of foreclosure and sale insofar as appealed from by the defendant Gustavia Home, LLC (see U.S. Bank, N.A. v. Duran, 174 A.D.3d 768, 106 N.Y.S.3d 160 ).
SCHEINKMAN, P.J., ROMAN, MILLER and CONNOLLY, JJ., concur.