Opinion
December 23, 1994
Appeal from the Supreme Court, Onondaga County, Pooler, J.
Present — Green, J.P., Lawton, Wesley, Doerr and Boehm, JJ.
Judgment unanimously affirmed with costs. Memorandum: The notice of appeal states that this appeal is taken from an order entered March 16, 1993. A subsequent judgment subsumed that order. In the exercise of our discretion, we deem the appeal to have been taken from the subsequent judgment (see, CPLR 5520 [c]; Hughes v Nussbaumer, Clarke Velzy, 140 A.D.2d 988). The notice of appeal limits the appeal to the finding that the County of Onondaga, the Onondaga County Department of Social Services and Robert J. Stone, as Commissioner of the Onondaga County Department of Social Services, were negligent. Thus, we do not address the argument that the damages awarded by the jury were excessive (see, CPLR 5515; Sommers v Sommers, 203 A.D.2d 975).