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BANK OF N.Y. MELLON v. CASALE

2013-03521, Index No. 3220/10.

140 A.D.3d 681 (2016)

30 N.Y.S.3d 909

2016 NY Slip Op 04163

BANK OF NEW YORK MELLON, Formerly Known as THE BANK OF NEW YORK, as Trustee for the CERTIFICATEHOLDERS OF CWABS, INC., ASSET BACKED CERTIFICATES SERIES 2006-BC1, Respondent, v. RALPH CASALE et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 1, 2016.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal is from an intermediate order dated January 14, 2013. However, a judgment of foreclosure and sale was entered in this action on July 10, 2014. Since the right of direct appeal from the intermediate order terminated with the entry of judgment in the action (see Matter of Aho, 39 N.Y.2d 241, 248 [1976]), we must dismiss the appeal from the intermediate...

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