Onewest Bank FSB v Thomas (2025 NY Slip Op 05691)
Onewest Bank FSB v Thomas
2025 NY Slip Op 05691 [242 AD3d 1004]
October 15, 2025
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2025


[*1]
 Onewest Bank FSB, Respondent,
v
Jaimon Thomas et al., Appellants, et al., Defendants.

Clair Gjertsen & Weathers PLLC, White Plains, NY (Mary Aufrecht of counsel), for appellants.

Stradley Ronon Stevens & Young, LLP, New York, NY (Catherine Gran of counsel), for respondent.

In an action to foreclose a mortgage, the defendants Jaimon Thomas and Mary Thomas appeal from two orders of the Supreme Court, Westchester County (David F. Everett, J.), both dated June 16, 2023. The first order, after a nonjury trial, granted the plaintiff's motion for an order of reference and denied the cross-motion of the defendants Jaimon Thomas and Mary Thomas to dismiss the complaint insofar as asserted against them as abandoned pursuant to 22 NYCRR 202.48 (b). The second order granted the same relief to the plaintiff and appointed a referee to compute the amount due to the plaintiff.

Ordered that the appeals are dismissed, without costs or disbursements.

The appeals from the orders 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 (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeals from the orders are brought up for review and have been considered on the related appeal from the order and judgment of foreclosure and sale (see Onewest Bank FSB v Thomas, 242 AD3d 1005 [2025] [decided herewith]; CPLR 5501 [a] [1]). Duffy, J.P., Miller, Landicino and Hom, JJ., concur.