| Bank of N.Y. Mellon v Ettinger |
| 2019 NY Slip Op 07758 [176 AD3d 1152] |
| October 30, 2019 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Bank of New York Mellon, Respondent, v Michael L. Ettinger, Appellant, et al., Defendants. |
Law Office of Maggio & Meyer, PLLC, Bohemia, NY (Holly C. Meyer of counsel), for appellant.
Shapiro DiCaro & Barak, LLC, Rochester, NY (Austin T. Shufelt and James R. Adam of counsel), for respondent.
In an action to foreclose a mortgage, the defendant Michael L. Ettinger appeals from an order of the Supreme Court, Dutchess County (James V. Brands, J.), dated February 14, 2017. 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, to strike that defendant's answer, and for an order of reference.
Ordered that the appeal is dismissed, with costs.
The appeal from the order 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 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the order and judgment of foreclosure and sale (Bank of N.Y. Mellon v Ettinger, 176 AD3d 1152 [2019] [decided herewith]; see CPLR 5501 [a] [1]). Mastro, J.P., Dillon, Brathwaite Nelson and Iannacci, JJ., concur.