2014 NY Slip Op 00624
N.Y. App. Div. 2nd
2014

Aurora Loan Servs., LLC v Taylor

Appellate Division, Second Department

February 5, 2014

114 AD3d 627 | 2014 NY Slip Op 00624

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 26, 2014

Zinker & Herzberg, LLP, Smithtown, N.Y. (Jeffrey Herzberg of counsel), for appellants.

Knuckles, Komosinski & Elliott, LLP, Elmsford, N.Y. (Martin Christopher Bryce, Jr., of counsel), for respondent.

In an action to foreclose a mortgage, the defendants Monique Taylor and Leonard Taylor appeal, as limited by their brief, from stated portions of an order of the Supreme Court, Westchester County (Walker, J.), dated April 13, 2012, which, inter alia, denied their motion for summary judgment dismissing the complaint insofar as asserted against them, and granted that branch of the plaintiff‘s cross motion which was for summary judgment on the complaint insofar as asserted against them.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]; Aurora Loan Servs., LLC v Taylor, 114 AD3d 627 [2014] [decided herewith]). Skelos, J.P., Lott, Cohen and Hinds-Radix, JJ., concur.