Citibank, N.A. v. Gifford

Summary

The Appellate Division, Fourth Department dismissed defendants' appeal from an intermediate order in a residential mortgage foreclosure action. The court held that the right to appeal from the intermediate order terminated when a final judgment of foreclosure and sale was entered, noting that dismissal of the related appeal under 22 NYCRR 1250.10(a) may be vacated by motion within one year.

Holdings

1. Entry of the final judgment terminated defendants' right to appeal from the intermediate order, requiring dismissal of the appeal.

Questions Presented

1. Whether defendants' appeal from an intermediate order remained reviewable after entry of a final judgment of foreclosure and sale.
2. Whether the appeal had to be dismissed after defendants' separate appeal from the final judgment was dismissed by operation of 22 NYCRR 1250.10(a).

Disposition

dismissed