Zimnoch v. Bridge View Palace, LLC — 69 A.D.3d 927

Majority

p. 927

Andrzej Zimnoch et al., Respondents, v Bridge View Palace, LLC, Appellant.

[892 NYS2d 788]

The appeal from the order dated March 23, 2007, must be

p. 928

dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241 , 248 [1976]). The issues raised on the appeal from that order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]; Zimnoch v Bridge View Palace, LLC, 69 AD3d 928 [2010] [decided herewith]). Skelos, J.E, Dickerson, Lott and Roman, JJ., concur.

Cases cited

In re Aho 39 NY2d 241 N.Y. 1976-04-06 at 248 p. 928
Zimnoch v. Bridge View Palace, LLC 69 AD3d 928 N.Y. App. Div. 2010-01-26 p. 928