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Blue Cross & Blue Shield of Western New York, Inc. v. Michael

255 A.D.2d 1004 Court N.Y. App. Div. Decision date 1998-11-13 English

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p. 1004
Blue Cross and Blue Shield of Western New York, Inc., Respondent, v Joseph P. Michael, Defendant, and J. P. Michael, Inc., Also Known as Employee Benefits Services, et al., Appellants.
[679 NYS2d 863]

—Judgment unanimously affirmed with costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Kane, J.). We note that the

p. 1005
appeal was taken from that part of an order that was subsumed in a subsequent judgment, and thus the appeal is properly taken from the judgment, not the order (see, Hughes v Nusshaumer, Clarke & Velzy, 140 AD2d 988 ). We exercise our discretion to disregard the misstatement in the notice of appeal, and we treat the appeal as taken from the judgment (see, CPLR 5520 [c]; Hughes v Nusshaumer, Clarke & Velzy, supra). (Appeal from Judgment of Supreme Court, Erie County, Kane, J. — Summary Judgment.) Present — Green, J. P., Pigott, Jr., Balio and Fallon, JJ.

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