BANK OF AMERICA, N.A., res, v. SYLVIA RANCIC DENARDO APPELLANTS def

BANK OF AMERICA, N.A., res, v. SYLVIA RANCIC DENARDO APPELLANTS def — (INDEX NO. 59578/12) In an action to foreclose a mortgage, the defendants Sylvia Rancic DeNardo and Joseph DeNardo appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Giacomo, J.), dated April 1, 2015, as granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against them and for an order of reference, denied that branch of their cross motion which was to dismiss the complaint insofar as asserted against them, and granted the plaintiff's cross motion for leave to amend the complaint and the caption nunc pro tunc, (2) from an order of the same court, also dated April 1, 2015, which, inter alia, referred the matter to a referee to ascertain and compute the amount due on the mortgage loan, and (3) from a judgment of foreclosure and sale of the same court dated October 2, 2015, which, upon the orders, is in favor of the plaintiff and against them directing a foreclosure and sale of the subject property.

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BANK OF AMERICA, N.A., res, v. SYLVIA RANCIC DENARDO APPELLANTS def — (INDEX NO. 59578/12) In an action to foreclose a mortgage, the defendants Sylvia Rancic DeNardo and Joseph DeNardo appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Giacomo, J.), dated April 1, 2015, as granted those branches of the plaintiff’s motion which were for summary judgment on the complaint insofar as asserted against them and for an order of reference, denied that branch of their cross motion which was to dismiss the complaint insofar as asserted against them, and granted the plaintiff’s cross motion for leave to amend the complaint and the caption nunc pro tunc, (2) from an order of the same court, also dated April 1, 2015, which, inter alia, referred the matter to a referee to ascertain and compute the amount due on the mortgage loan, and (3) from a judgment of foreclosure and sale of the same court dated October 2, 2015, which, upon the orders, is in favor of the plaintiff and against them directing a foreclosure and sale of the subject property.

Motion by the respondent, inter alia, to dismiss the appeals from the orders on the ground that the right of direct appeal therefrom terminated with the entry of the judgment in the action. By decision and order on motion of this Court dated March 11, 2016, that branch of the motion was held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

BANK OF AMERICA, N.A., res, v. SYLVIA RANCIC DENARDO APPELLANTS def

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