Kraus v. New Rochelle Hospital Medical Center

Full title: BARBARA KRAUS et al., Respondents-Appellants, v. NEW ROCHELLE HOSPITAL…

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

Date published: Jun 12, 1995

216 A.D.2d 360 (N.Y. App. Div. 1995)

628 N.Y.S.2d 512

Opinion

June 12, 1995

Appeal from the Supreme Court, Westchester County (Nicolai, J.).

Ordered that the appeal and cross-appeal from the order are dismissed, without costs or disbursements.

The appeal and cross-appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action dated September 16, 1994 (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]; see also, Kraus v. New Rochelle Hosp. Med. Ctr., 216 A.D.2d 360 [decided herewith]). Pizzuto, J.P., Hart, Friedmann and Florio, JJ., concur.