Opinion
2017–00547 Index No. 609001/16
03-06-2019
Raheem MILLER, et al., Appellants, et al., Plaintiff, v. Anthony FALCO, etc., Respondent.
The Law Offices of Christopher J. Cassar, P.C., Huntington, NY, for appellants. Ganfer & Shore, LLP, New York, N.Y. (Steven J. Shore, Ira Brad Matetsky, and William A. Jaskola of counsel), for respondent.
The Law Offices of Christopher J. Cassar, P.C., Huntington, NY, for appellants.
Ganfer & Shore, LLP, New York, N.Y. (Steven J. Shore, Ira Brad Matetsky, and William A. Jaskola of counsel), for respondent.
REINALDO E. RIVERA, J.P., SHERI S. ROMAN, JEFFREY A. COHEN, SYLVIA O. HINDS–RADIX, JJ.
DECISION & ORDER ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal from the order must be dismissed because the right of direct appeal from so much of the order as granted that branch of the defendant's motion which was pursuant to CPLR 3211(a) to dismiss the complaint terminated with the entry of the judgment in the action ( Miller v. Falco, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2019 WL 1051520 [Appellate Division Docket No. 2018–00304 ; decided herewith]; see Matter of Aho, 39 N.Y.2d 241, 383 N.Y.S.2d 285, 347 N.E.2d 647 ), and no appeal lies as of right from an order which directs a hearing to aid in the determination of a motion. 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] ).
RIVERA, J.P., ROMAN, COHEN and HINDS–RADIX, JJ., concur.