U.S. Bank Trust N.A. v Valle
2026 NY Slip Op 01549 [247 AD3d 1085]
March 18, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
As corrected through Wednesday, May 6, 2026
U.S. Bank Trust National Association, Respondent,
v
Waldo Valle, Appellant, et al., Defendants.
March 18, 2026
HEADNOTES
Judgments — Entry — Foreclosure and Sale — Right of Direct Appeal
APPEARANCES OF COUNSEL
The Ranalli Law Group, PLLC, Hauppauge, NY (Ernest E. Ranalli of counsel), for appellant.
Knuckles & Manfro, LLP, Tarrytown, NY (John E. Brigandi of counsel), for respondent.
In an action to foreclose a mortgage, the defendant Waldo Valle appeals from an order of the Supreme Court, Suffolk County (John H. Rouse, J.), dated February 1, 2022. The order denied that defendant's motion to deem his answer to be timely filed or, in the alternative, pursuant to CPLR 3012 (d) to compel the plaintiff to accept his late answer.
Ordered that the appeal is dismissed, without costs or disbursements.
The appeal from the order dated February 1, 2022, 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 on October 17, 2023 (see Matter of Aho, 39 NY2d 241 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the order and judgment of foreclosure and sale (see CPLR 5501 [a] [1]; see U.S. Bank Trust N.A. v Valle, 247 AD3d 1086 [2026] [decided herewith]). LaSalle, P.J., Chambers, Ford and McCormack, JJ., concur.