Bank of N.Y. Mellon Trust Co. v. Loodus, 2016–08137
| Decision Date | 18 April 2018 |
| Docket Number | 2016–08137,Index No. 49412/09,2016–10095 |
| Parties | BANK OF NEW YORK MELLON TRUST COMPANY, etc., respondent, v. Marilyn T. LOODUS, appellant. |
| Court | New York Supreme Court — Appellate Division |
160 A.D.3d 797
76 N.Y.S.3d 89
BANK OF NEW YORK MELLON TRUST COMPANY, etc., respondent,
v.
Marilyn T. LOODUS, appellant.
2016–08137
2016–10095
Index No. 49412/09
Supreme Court, Appellate Division, Second Department, New York.
Argued—December 11, 2017
April 18, 2018
Fred M. Schwartz, Smithtown, NY, for appellant.
Sheldon May & Associates, P.C. (Stim & Warmuth, P.C., Farmingville, N.Y. [Glenn P. Warmuth ], of counsel), for respondent.
MARK C. DILLON, J.P., ROBERT J. MILLER, BETSY BARROS, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendant appeals (1) from an order of the Supreme Court, Suffolk County (Arthur G. Pitts, J.), dated May 4, 2016, which granted that branch of the plaintiff's motion which was for a judgment of foreclosure and sale, and denied the defendant's cross motion to vacate a referee's report and dismiss the complaint, and (2), as limited by its brief, from so much of an order and judgment (one paper) of the same court entered June 9, 2016, as granted that branch of the plaintiff's motion which was to confirm the referee's report, and is in favor of the plaintiff and against the defendant directing a foreclosure and sale of the subject property.
ORDERED that the appeal from the order is dismissed; and it is further,
ORDERED that the order and judgment is affirmed insofar as appealed from; and it is further,
ORDERED that one bill of costs is awarded to the plaintiff.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the order and 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 on the appeal from the order and judgment (see CPLR 5501[a][1] ).
The defendant executed a note and mortgage in the amount of $488,700. The mortgage was secured by residential property located in Ronkonkama. After the defendant defaulted on her obligations under the note and...
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