Vanderbilt Mtge. & Fin., Inc. v Ammon |
2020 NY Slip Op 00637 [179 AD3d 1138] |
January 29, 2020 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Vanderbilt Mortgage and Finance, Inc.,
Appellant, v Glenda Ammon, Respondent, et al., Defendants. |
Mulholland & Knapp, LLP, New York, NY (Robert P. Knapp III of counsel), for appellant.
Brooklyn Legal Services, Brooklyn, NY (Melissa Ysaguirre of counsel), for respondent.
In an action to foreclose a mortgage, the plaintiff appeals from (1) an amended order of the Supreme Court, Kings County (Laura Lee Jacobson, J.), dated January 7, 2016, and (2) an amended order of the same court dated July 5, 2016. The amended order dated January 7, 2016, insofar as appealed from, denied those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Glenda Ammon, for leave to enter a default judgment against the remaining defendants, and for an order of reference. The amended order dated July 5, 2016, insofar as appealed from, denied that branch of the plaintiff's motion which was for leave to renew its prior motion.
Ordered that the appeals are dismissed, with one bill of costs.
The appeals from the amended orders must be dismissed because the right of direct appeal therefrom terminated with the entry of an order and judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeals from the amended orders are brought up for review and have been considered on the appeal from the order and judgment (Vanderbilt Mtge. & Fin., Inc. v Ammon, 179 AD3d 1138 [2020] [decided herewith]; see CPLR 5501 [a] [1]). Rivera, J.P., Cohen, Miller and Hinds-Radix, JJ., concur.