The defendant appeals the order that granted the plaintiff's motion for summary judgment on the complaint and appointed a referee to compute the amount due to the plaintiff. The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of the order and judgment of foreclosure and sale in the action. 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 and sale.
21st Mtge. Corp. v. Rudman, NY Slip Op 00030 (2d Dep't January 5, 2022)
