What did the court decide?

The Appellate Division dismissed the direct appeals from two interlocutory orders because the final foreclosure judgment ended the right to appeal those orders separately.

Who is affected by this decision?

The appellant, John Evelyn, whose appeals of two Supreme Court orders were dismissed, and the plaintiff, LaSalle Bank, which obtained dismissal of those appeals.

What happens to the issues raised in those appeals?

Those issues can be reviewed on the pending appeal from the final order and judgment of foreclosure and sale rather than in separate direct appeals.

Can this dismissal be challenged?

The decision is a dismissal of direct appeals; any review of the underlying issues would occur on the appeal from the final foreclosure judgment rather than by initiating new direct appeals.

LaSalle Bank, N.A. v. Evelyn

Docket 2022-09849

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed

Filed: Apr 22, 2026 · 1 week ago
Jurisdiction: New York
Court: Appellate Division of the Supreme Court of the State of New York
Type: Opinion
Case type: Civil
Disposition: Dismissed
Citation: 2026 NY Slip Op 02398
Docket: 2022-09849

Appeals from two Supreme Court orders in a mortgage foreclosure action (denial of a CPLR 3215(c) cross-motion and granting of a CPLR 1003 motion to drop a defendant).

Summary

The Appellate Division dismissed John Evelyn's appeals from two Supreme Court orders in a mortgage foreclosure action because the right to a direct appeal ended when the court entered the final order and judgment of foreclosure and sale. The court granted the plaintiff's motion to dismiss these appeals, noting the issues raised are properly considered on the existing appeal from the final foreclosure judgment. The panel therefore dismissed the appeals without costs and treated related issues as preserved for review on the appeal from the order and judgment of foreclosure and sale.

Issues Decided

Whether the defendant could directly appeal two interlocutory orders after entry of the final order and judgment of foreclosure and sale
Whether the issues from those interlocutory orders may be reviewed on the appeal from the final foreclosure judgment

Court's Reasoning

The court held that the right to a direct appeal terminated with the entry of the final order and judgment of foreclosure and sale, following precedent that interlocutory appeals are barred once a final judgment is entered. Because the contested matters overlap with issues presented on the existing appeal from the foreclosure judgment, those issues can be reviewed there instead of in separate direct appeals. The court therefore granted the plaintiff's motion to dismiss and dismissed the appeals without costs.

Authorities Cited

Matter of Aho39 NY2d 241
CPLR 5501(a)(1)
CPLR 3215(c)

Parties

Respondent: LaSalle Bank, N.A.
Appellant: John Evelyn
Judge: Lawrence Knipel, J. (Supreme Court, Kings County)
Judge: Francesca E. Connolly, J.P.
Judge: Valerie Brathwaite Nelson, J.
Judge: Barry E. Warhit, J.
Judge: Lourdes M. Ventura, J.

Key Dates

Decision date: 2026-04-22
Supreme Court order dates: 2022-10-28
Supreme Court order dates: 2022-11-04
Index/Caption year: 2008-01-01

What You Should Do Next

1
Proceed with appeal from final foreclosure judgment
If Mr. Evelyn wishes to obtain review of the issues from the dismissed appeals, he should raise them in the appeal from the final order and judgment of foreclosure and sale.
2
Consult counsel about appellate strategy
The appellant should consult his attorney to confirm which issues were preserved and to prepare or supplement briefs on the appeal from the final judgment.

Frequently Asked Questions

What did the court decide?: The Appellate Division dismissed the direct appeals from two interlocutory orders because the final foreclosure judgment ended the right to appeal those orders separately.
Who is affected by this decision?: The appellant, John Evelyn, whose appeals of two Supreme Court orders were dismissed, and the plaintiff, LaSalle Bank, which obtained dismissal of those appeals.
What happens to the issues raised in those appeals?: Those issues can be reviewed on the pending appeal from the final order and judgment of foreclosure and sale rather than in separate direct appeals.
Can this dismissal be challenged?: The decision is a dismissal of direct appeals; any review of the underlying issues would occur on the appeal from the final foreclosure judgment rather than by initiating new direct appeals.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

LaSalle Bank, N.A. v Evelyn - 2026 NY Slip Op 02398

LaSalle Bank, N.A. v Evelyn

2026 NY Slip Op 02398

April 22, 2026

Appellate Division, Second Department

LaSalle Bank, N.A., etc., respondent,

John Evelyn, appellant, et al., defendants.

Supreme Court of the State of New York, Appellate Division, Second Judicial Department

Decided on April 22, 2026

2022-09849, 2023-02673, (Index No. 7490/08)

Francesca E. Connolly, J.P.

Valerie Brathwaite Nelson

Barry E. Warhit

Lourdes M. Ventura, JJ.

Menashe & Associates, LLP, Montebello, NY (Chezki Menashe of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, NY (Phionah N. Brown and Adam Weiss of counsel), for respondent.

In an action to foreclose a mortgage, the defendant John Evelyn appeals from (1) an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated October 28, 2022, and (2) an order of the same court dated November 4, 2022. The order dated October 28, 2022, insofar as appealed from, in effect, denied that defendant's cross-motion pursuant to CPLR 3215(c) to dismiss the amended complaint insofar as asserted against him as abandoned. The order dated November 4, 2022, granted that branch of the plaintiff's motion which was pursuant to CPLR 1003 to "drop" the defendant John Evelyn as a named defendant and to amend the caption accordingly.

DECISION & ORDER

Motion by the plaintiff, inter alia, to dismiss the appeals from the orders on the ground that the right of direct appeal therefrom terminated with the entry of an order and judgment of foreclosure and sale in the action. By decision and order on motion dated October 7, 2024, 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.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the argument of the appeals, it is

ORDERED that the branch of the motion which is to dismiss the appeals from the orders on the ground that the right of direct appeal therefrom terminated with the entry of the order and judgment of foreclosure and sale is granted; and it is further,

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). The issues raised on the appeals from the orders that are brought up for review on the appeal from the order and judgment of foreclosure and sale have been considered on the appeal from the order and judgment of foreclosure and sale (
see
CPLR 5501[a][1];
U.S. Bank, N.A. v New York City Transit Adjudication Bur.
, ___ AD3d ___ [decided herewith]).

CONNOLLY, J.P., BRATHWAITE NELSON, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph