U.S. Bank Trust National Ass'n Trustee v. Butti

Appellate Division of the Supreme Court of New York

U.S. Bank Trust National Ass'n Trustee v. Butti

16 A.D.3d 407, 790 N.Y.S.2d 390, 2005 N.Y. App. Div. LEXIS 2358

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 7, 2005

StatusPublished

Cited by1 cases

This text of 16 A.D.3d 407 (U.S. Bank Trust National Ass'n Trustee v. Butti) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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U.S. Bank Trust National Ass'n Trustee v. Butti, 16 A.D.3d 407, 790 N.Y.S.2d 390, 2005 N.Y. App. Div. LEXIS 2358 (N.Y. Ct. App. 2005).

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Opinion

— In an action to foreclose a mortgage, the defendant Thomas Butti appeals from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered January 17, 2003, which granted the plaintiffs motion for summary judgment.

Ordered that the appeal is dismissed, with costs.

[408]*408The 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 NY2d 241, 248 [1976]). 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]; U.S. Bank Trust N.A. Trustee v Butti, 16 AD3d 408 [2005] [decided herewith]). Santucci, J.P., Krausman, Mastro and Skelos, JJ., concur.

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— In an action to foreclose a mortgage, the defendant Thomas Butti appeals from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered January 17, 2003, which granted the plaintiffs motion for summary judgment.

Ordered that the appeal is dismissed, with costs.

[408]*408The 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 NY2d 241, 248 [1976]). 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]; U.S. Bank Trust N.A. Trustee v Butti, 16 AD3d 408 [2005] [decided herewith]). Santucci, J.P., Krausman, Mastro and Skelos, JJ., concur.

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Bluebook (online)

16 A.D.3d 407, 790 N.Y.S.2d 390, 2005 N.Y. App. Div. LEXIS 2358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-bank-trust-national-assn-trustee-v-butti-nyappdiv-2005.

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