Opinion
2011-03-29
Chaim LOEFFLER, appellant, v. SIRIUS AMERICA INSURANCE COMPANY, et al., defendants, Ohio Casualty Group, respondent.
Solomon Rosengarten, Brooklyn, N.Y., for appellant. *380Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, N.Y. (Rona L. Platt of counsel), for respondent.
Solomon Rosengarten, Brooklyn, N.Y., for appellant. *380Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, N.Y. (Rona L. Platt of counsel), for respondent.
In an action pursuant to Insurance Law § 3420 to recover the amount of a judgment obtained against the defendants' insureds, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Weiner, J.), dated January 17, 2009, as denied his cross motion for summary judgment on the complaint insofar as asserted against the defendant Ohio Casualty Group.
ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal from the 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, 383 N.Y.S.2d 285, 347 N.E.2d 647). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment ( see CPLR 5501[a][1]; Loeffler v Sirius America Insurance Company, 82 A.D.3d 1172, ––– N.Y.S.2d ––––, 2011 WL 1206154 [Appellate Division Docket No. 2010–02981; decided herewith] ).