| Wilmington Sav. Fund Socy., FSB v Moriarty-Gentile |
| 2021 NY Slip Op 00327 [190 AD3d 889] |
| January 20, 2021 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Wilmington Savings Fund Society, FSB,
Respondent, v Cathy Moriarty-Gentile et al., Appellants, et al., Defendants. |
Charles Wallshein, Melville, NY, for appellants.
Jeffrey A. Kosterich & Associates, Tuckahoe, NY (Michael Li of counsel), for respondent.
In an action to foreclose a mortgage, the defendants Cathy Moriarty-Gentile and Joseph Gentile appeal from an order of the Supreme Court, Suffolk County (John H. Rouse, J.), dated August 3, 2018. The order, insofar as appealed from, granted the plaintiff's motion for an order of reference, and, after a hearing, in effect, denied that branch of those defendants' cross motion which was pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against them for lack of personal jurisdiction.
Ordered that the appeal is dismissed, without costs or disbursements.
The appeal must be dismissed because the right of direct appeal from the order terminated with the entry of the order and judgment of foreclosure and sale in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and are considered on the appeal from the order and judgment of foreclosure and sale (Wilmington Sav. Fund Socy., FSB v Moriarty-Gentile, 190 AD3d 890 [2021] [decided herewith]; see CPLR 5501 [a] [1]; Matter of Aho, 39 NY2d at 248). Rivera, J.P., Hinds-Radix, Duffy and Brathwaite Nelson, JJ., concur.