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Aurora Loan Services, LLC v. Taylor

Supreme Court of New York, Second Department

February 5, 2014

Aurora Loan Services, LLC, respondent,
v.
Monique Taylor, etc., et al., appellants, et al., defendants. Index No. 13735/10

Zinker & Herzberg, LLP, Smithtown, N.Y. (Jeffrey Herzberg of counsel), for appellants.

Knuckles, Komosinski & Elliott, LLP, Elmsford, N.Y. (Martin Christopher Bryce, Jr., of counsel), for respondent.

PETER B. SKELOS, J.P. PLUMMER E. LOTT, JEFFREY A. COHEN, SYLVIA O. HINDS-RADIX, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendants Monique Taylor and Leonard Taylor appeal, as limited by their brief, from stated portions of an order of the Supreme Court, Westchester County (Walker, J.), dated April 13, 2012, which, inter alia, denied their motion for summary judgment dismissing the complaint insofar as asserted against them, and granted that branch of the plaintiff's cross motion which was for summary judgment on the complaint insofar as asserted against them.

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

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501[a][1]; Aurora Loan Servs., LLC v Taylor, __ A.D.3d__ [Appellate Division Docket No. 2013-05156, decided herewith]).

SKELOS, J.P., LOTT, COHEN and HINDS-RADIX, JJ., concur.


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