Opinion
March 7, 1988
Appeal from the Supreme Court, Suffolk County (Luciano, J.).
Ordered that the appeal from the order is dismissed, without costs or disbursements, and it is further,
Ordered that the judgment is reversed, on the law and the facts, without costs or disbursements, and the proceeding is dismissed on the merits.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the proceeding (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]).
We find that the court improperly set aside the election. We note that a representative map, as depicted in exhibit I to the petitioners' reply affidavit, delineated the village boundaries in a complete and accurate manner and cannot be said to have deceived prospective voters. We further conclude that inasmuch as the attachment of a defective map to a notice of election does not expressly violate the provisions of Village Law § 2-214, the existence of the alleged defect would not mandate setting aside the election in any event (cf., Matter of Village of Lynbrook, 142 App. Div. 487).
We have examined the remaining contentions raised and find them to be without merit. Brown, J.P., Kunzeman, Kooper and Balletta, JJ., concur.