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WILMINGTON SAV. FUND SOCY., FSB v. MORIARTY-GENTILE

2018-14492. Index No. 601868/15.

190 A.D.3d 889 (2021)

136 N.Y.S.3d 750

2021 NY Slip Op 00327

Wilmington Savings Fund Society, FSB, Respondent, v. Cathy Moriarty-Gentile 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

Charles Wallshein , Melville, NY, for appellants.

Jeffrey A. Kosterich & Associates, Tuckahoe, NY ( Michael Li of counsel), for respondent.

Rivera, J.P., Hinds-Radix, Duffy and Brathwaite Nelson, JJ., concur.

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 N.Y.2d 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...

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