Opinion
November 28, 1994
Appeal from the Supreme Court, Queens County (Graci, J., Posner, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the petitioner is awarded one bill of costs.
The appeal from the intermediate 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). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).
We find that, under the circumstances of this case, the doctrine of laches prevents the appellants from contending that the petitioner was not entitled to the charging lien in this case. Approximately 12 years had elapsed from the time that the petitioner served notice upon the appellants of the charging lien to the appellants' first objection to the charging lien. Such a delay caused great prejudice to the petitioner (see, Dwyer v Mazzola, 171 A.D.2d 726, 727). Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.