U.S. Bank, N.A. v Westwood, LLC

U.S. Bank, N.A. v Westwood, LLC 2014 NY Slip Op 02032 Decided on March 26, 2014 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 26, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX, JJ.
2012-08589
(Index No. 405/11)

[*1]U.S. Bank, N.A., etc., respondent-appellant,

v

Westwood, LLC, et al., defendants, CMAT 1999-C1 Old County Road, LLC, et al., appellants-respondents.




Herrick, Feinstein LLP, New York, N.Y. (Scott T. Tross of
counsel), for appellants-respondents.
Loeb & Loeb LLP, New York, N.Y. (David M. Satnick and
Thomas Nolan of counsel), and
Kramer Levin Naftalis & Frankel LLP, New
York, N.Y. (Ronald S. Greenberg and
Natan M. Hammerman of counsel), for
respondent-appellant (one brief filed).


DECISION & ORDER

In an action to foreclose a mortgage, the defendants CMAT 1999-C1 Old Country Road, LLC, and LNR Partners, Inc., appeal from stated portions of an order of the Supreme Court, Nassau County (DeStefano, J.), dated August 23, 2012, and the plaintiff cross-appeals from stated portions of the same order.

ORDERED that the appeal and cross appeal are dismissed, with costs to the defendants CMAT 1999-C1 Old Country Road, LLC, and LNR Partners, Inc., payable by the plaintiff.

The appeal and cross appeal from the order must be dismissed because the right of direct appeal and cross-appeal therefrom terminated with the entry of the judgment in the action (see Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal and cross appeal from the order are brought up for review (see CPLR 5501[a][1]) and have been considered on the companion appeal from the judgment (see U.S. Bank, N.A. v Westwood, LLC,AD3d [Appellate Div. Docket No. 2013-06965, decided herewith]).
MASTRO, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino [*2]

Clerk of the Court