Opinion
September 23, 1991
Appeal from the Supreme Court, Nassau County (Burke, J.).
Ordered that the order is affirmed, without costs or disbursements.
Pursuant to CPLR 5016 (c), the plaintiff may enter a final judgment in this action without a further order of the Supreme Court. Therefore, the motion was unnecessary.
We note parenthetically that while the plaintiff may enter a judgment herein, an appeal therefrom would not permit review of a prior order dated March 1, 1989, which granted the defendant Hal S. Rosenthal's motion to dismiss the complaint, since the appeal from that order was dismissed for lack of prosecution (see, Bray v. Cox, 38 N.Y.2d 350, 355; Matter of Blasy, 170 A.D.2d 451; Montalvo v. Nel Taxi Corp., 114 A.D.2d 494; Matter of Smith v McManus Sons, 101 A.D.2d 890). Kooper, J.P., Lawrence, Eiber and O'Brien, JJ., concur.