BANK OF N.Y. MELLON v. CARBONE

2018-11045. Index No. 5837/15.

190 A.D.3d 803 (2021)

136 N.Y.S.3d 742

2021 NY Slip Op 00282

Bank of New York Mellon, Respondent, v. Louis Carbone et al., Appellants, et al., Defendants.

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

Decided January 20, 2021.


Attorney(s) appearing for the Case

Lawrence Katz , Valley Stream, NY, for appellants.

Gross Polowy, LLC, Westbury, NY ( Stephen J. Vargas of counsel), for respondent.

Mastro, A.P.J., Austin, Hinds-Radix and Wooten, JJ., concur.


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

The appeal from the order entered March 1, 2018, must be dismissed because the right of direct appeal therefrom terminated with the entry of an order and judgment of foreclosure and sale in the action (see Matter of Aho, 39 N.Y.2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal...

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