Putnam Cty. Natl. Bank of Carmel v. Pryschlak

Full title: PUTNAM COUNTY NATIONAL BANK OF CARMEL, Respondent, v. PETER PRYSCHLAK et…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 13, 1995

213 A.D.2d 466 (N.Y. App. Div. 1995)

624 N.Y.S.2d 892

Opinion

March 13, 1995

Appeal from the Supreme Court, Putnam County (Hickman, J.).

Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,

Ordered that the appeal from the judgment is dismissed, without costs or disbursements.

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 appeal from the deficiency judgment must also be dismissed for failure to perfect the appeal therefrom and because it was superseded by an amended deficiency judgment of the same court, dated March 31, 1994. In any event, even if we were to consider the issues raised by the appellants in their brief, we would find them to have been rendered academic by the subsequent proceedings in this case. Santucci, J.P., Joy, Friedmann and Florio, JJ., concur.