Opinion
570849/03.
Decided August 2, 2005.
Tenant appeals from an order of the Civil Court, New York County, entered September 24, 2003 (Paul L. Alpert, J.), which denied her motion to dismiss the petition in a nonpayment summary proceeding.
Appeal from order entered September 24, 2003 (Paul L. Alpert, J.) dismissed, without costs.
Before: PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, Justices.
The appeal from the interlocutory order must be dismissed by reason of the subsequent entry of a final judgment in landlord's favor. Tenant did not appeal from the possessory judgment and, we are informed, has been evicted from the subject premises. Since the right to appeal from the order lapsed upon entry of the unappealed final judgment ( see Kirby v. Turner Constr. Co., 286 AD2d 618), there is no basis by which the challenged disposition may be properly placed before this Court ( see Bingham v. Struve, 245 AD2d 154).
This constitutes the decision and order of the court.