Aurora Loan Servs., LLC v. Taylor

• Decision Date: 05 February 2014
• Parties: AURORA LOAN SERVICES, LLC, respondent, v. Monique TAYLOR, etc., et al., appellants, et al., defendants.
• Court: New York Supreme Court — Appellate Division

114 A.D.3d 627

979 N.Y.S.2d 819

2014 N.Y. Slip Op. 00624

AURORA LOAN SERVICES, LLC, respondent,

v.Monique TAYLOR, etc., et al., appellants, et al., defendants.

Supreme Court, Appellate Division, Second Department, New York.

Feb. 5, 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 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 from the judgment ( see CPLR 5501[a][1]; Aurora Loan Servs., LLC v. Taylor, 114 A.D.3d 627, 979 N.Y.S.2d 819, 2014 WL 443962 [Appellate Division Docket No. 2013–05156, decided herewith] ).

SKELOS, J.P., LOTT, COHEN and HINDS–RADIX, JJ., concur.