| Castle Peak 2012-1 Loan Trust Mtge. Backed Notes, Series 2012-1 vSottile |
| 2017 NY Slip Op 00624 [147 AD3d 720] |
| February 1, 2017 |
| Appellate Division, Second Department |
[*1]
| Castle Peak 2012-1 Loan Trust Mortgage Backed Notes, Series2012-1, by U.S. Bank National Association, as Indenture Trustee Title Vested in Name of CPCATrust 1, Respondent, v Marianne Sottile, Appellant, et al.,Defendants. |
Marianne Sottile, Goshen, NY, appellant pro se.
Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY (James E. Dursoand Megan K. McNamara of counsel), for respondent.
In an action to foreclose a mortgage, the defendant Marianne Sottile appeals, as limited byher brief, from so much of an order of the Supreme Court, Orange County (Freehill, J.), datedJune 16, 2014, as granted those branches of the plaintiff's motion which were for summaryjudgment on the complaint insofar as asserted against her and for an order of reference.
Ordered that the appeal is dismissed, without costs or disbursements.
The appeal is from an intermediate order dated June 16, 2014. However, a judgment offoreclosure and sale was entered on July 17, 2015. Since the right of direct appeal from theintermediate order terminated with the entry of the judgment of foreclosure and sale in the action,we must dismiss the appeal from the intermediate order (see Matter of Aho, 39 NY2d241, 248 [1976]). The issues raised on the appeal from the intermediate order are brought up forreview and have been considered on the companion appeal from the judgment of foreclosure andsale (see CPLR 5501 [a] [1]; Castle Peak 2012-1 Loan Trust Mtge. Backed Notes,Series 2012-1 v Sottile, 147 AD3d 720 [2017] [decided herewith]). Dillon, J.P., Hinds-Radix, Maltese and Barros, JJ., concur.