Opinion
May 28, 1996
Appeal from the Supreme Court, Suffolk County (Henry, J.).
Ordered that the appeal from the order dated February 6, 1995, is dismissed; and it is further,
Ordered that the judgment is affirmed, with costs.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment ( see, CPLR 5501 [a] [1]).
We agree with the determination of the Supreme Court that the appellants' cause of action accrued on January 31, 1991. Therefore, since the appellants failed to timely file a notice of claim within six months of that date, the Supreme Court properly dismissed the action ( see, Town Law § 65).
We have examined the parties' remaining contentions and find them to be either without merit, unpreserved for appellate review, or academic in light of this determination. Balletta, J.P., Santucci, Krausman and Florio, JJ., concur.