Nationstar Mortg., LLC v. Durane-Bolivard

• Decision Date: 11 September 2019
• Docket Number: 2017–00437,Index No. 6017/14
• Parties: NATIONSTAR MORTGAGE, LLC, Respondent, v. Marie DURANE–BOLIVARD, Appellant, et al., Defendants.
• Court: New York Supreme Court — Appellate Division

175 A.D.3d 1307

105 N.Y.S.3d 916 (Mem)

NATIONSTAR MORTGAGE, LLC, Respondent,

v.Marie DURANE–BOLIVARD, Appellant, et al., Defendants.

2017–00437

Index No. 6017/14

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

Submitted - April 22, 2019

September 11, 2019

Law Office of Maggio & Meyer, PLLC, Bohemia, N.Y. (Holly C. Meyer of counsel), for appellant.

Davidson Fink LLP (McGlinchey Stafford, New York, N.Y. [Brian S. McGrath and Mitra Paul Singh ], of counsel), for respondent.

ALAN D. SCHEINKMAN, P.J., JEFFREY A. COHEN, JOSEPH J. MALTESE, HECTOR D. LASALLE, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Marie Durane–Bolivard appeals from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered September 13, 2016. The order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against that defendant and dismissing her first, third, and fourth affirmative defenses, and to appoint a referee to compute the amount due to the plaintiff.

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

The appeal from the order entered September 13, 2016, must be dismissed because the right of direct appeal therefrom terminated with the entry of the order and judgment of foreclosure and sale 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 entered September 13, 2016, are brought up for review and have been considered on the appeal from the order and judgment of foreclosure and sale (see CPLR 5501[a][1] ; Nationstar Mortgage, LLC v. Durane–Bolivard , ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2019 WL 4281868 [Appellate Division Docket No. 2018–05250 ; decided herewith] ).

SCHEINKMAN, P.J., COHEN, MALTESE and LASALLE, JJ., concur.