Opinion
2015–04136 Index No. 32984/09
12-13-2017
Amelia ARCAMONE–MAKINANO, et al., appellants, v. BRITTON PROPERTY, INC., et al., respondents.
Amelia Arcamone–Makinano, Elmhurst, NY, appellant pro se, and Bonifacio Aguja Makinano, Elmhurst, NY, appellant pro se (one brief filed). Kushnick Pallaci, PLLC, Melville, N.Y. (Vincent T. Pallaci and Renee E. DeMott of counsel), for respondents.
Amelia Arcamone–Makinano, Elmhurst, NY, appellant pro se, and Bonifacio Aguja Makinano, Elmhurst, NY, appellant pro se (one brief filed).
Kushnick Pallaci, PLLC, Melville, N.Y. (Vincent T. Pallaci and Renee E. DeMott of counsel), for respondents.
CHERYL E. CHAMBERS, J.P., ROBERT J. MILLER, SYLVIA O. HINDS–RADIX, HECTOR D. LASALLE, JJ.
DECISION & ORDER
Appeal from an order of the Supreme Court, Queens County (Valerie Brathwaite Nelson, J.), entered April 1, 2015. The order denied, as untimely, the plaintiffs' motion for summary judgment on the issues of liability and damages.
ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal is from an intermediate order entered April 1, 2015. However, a judgment was entered in this action on July 27, 2016. Since the right of direct appeal from the intermediate order terminated with the entry of the judgment, we must dismiss the appeal from the intermediate order (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 ). The issues raised on the appeal from the intermediate order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501[a][1] ; Arcamone–Makinano v. Britton Prop., Inc., 156 A.D.3d 669, ––– N.Y.S.3d ––––, 2017 WL 6347307 [Appellate Division Docket No. 2016–06967; decided herewith] ).
CHAMBERS, J.P., MILLER, HINDS–RADIX and LASALLE, JJ., concur.