Dev. Strategies Co. Llc v. Astoria Equities Inc.

• Decision Date: 02 March 2010
• Parties: DEVELOPMENT STRATEGIES COMPANY, LLC, Profit Sharing Plan, respondent,v.ASTORIA EQUITIES, INC., et al., appellants, et al., defendants.
• Court: New York Supreme Court — Appellate Division

71 A.D.3d 628
896 N.Y.S.2d 396
2010 N.Y. Slip Op. 01756

DEVELOPMENT STRATEGIES COMPANY, LLC, Profit Sharing Plan, respondent,
v.
ASTORIA EQUITIES, INC., et al., appellants, et al., defendants.

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

March 2, 2010.

[896 N.Y.S.2d 397]

Adam E. Mikolay, PC, East Meadow, N.Y., for appellants.Robinowitz Cohlan Dubow & Doherty LLP, White Plains, N.Y. (Bruce Minkoff of counsel), for respondent.STEVEN W. FISHER, J.P., DANIEL D. ANGIOLILLO, ARIEL E. BELEN, and PLUMMER E. LOTT, JJ.

In an action to foreclose a mortgage, the defendants Astoria Equities, Inc., Anthony DeSabato, and Beatrice DeSabato appeal (1) from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated June 28, 2007, which granted the plaintiff's unopposed motion, inter alia, for leave to enter a judgment against them upon their failure to appear or answer, (2) from a judgment of foreclosure and sale of the same court entered December 31, 2007, entered upon their default in answering or appearing, (3) from an order of the same court dated July 21, 2008, which, after a hearing, denied their motion, among other things, to vacate the judgment of foreclosure and sale entered December 31, 2007, and to set aside the sale pursuant to that judgment, (4), as limited by their brief, from so much of an order of the same court dated August 13, 2008, as, in effect, upon reargument, adhered to the original determination in the order dated July 21, 2008, and (5) from an order of the same court dated November 24, 2008, which denied their motion, in effect, for leave to renew their motion to vacate the judgment of foreclosure and sale entered December 31, 2007.

ORDERED that the appeals from the order dated June 28, 2007, and the judgment of foreclosure and sale entered December 31, 2007, are dismissed; and it is further,

ORDERED that the appeal from the order dated July 21, 2008, is dismissed, as that order was superseded by the order dated August 13, 2008, made upon reargument; and it is further,

ORDERED that the order dated August 13, 2008, is affirmed insofar as appealed from; and it is further,

ORDERED that the order dated November 24, 2008, is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the plaintiff.

The appeals from the order dated June 28, 2007, and the judgment of foreclosure and sale entered December 31, 2007, must be dismissed because no appeal lies from an order or judgment entered upon the default...