Opinion
February 5, 1996
Appeal from the Supreme Court, Westchester County (Fredman, 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 respondents are 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 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]).
The Supreme Court properly rejected the plaintiff's claim that the defendants' appeal from an order granting leave to serve a late notice of claim enjointed him from serving his summons and complaint during the pendency of the appeal (see, CPLR 5519 [a] [1]; Dublanica v. Rome Hosp./Murphy Mem. Hosp., 126 A.D.2d 977; see also, Christian v. Village of Herkimer, 5 A.D.2d 62, affd 5 N.Y.2d 818; Shorten v. City of White Plains, 216 A.D.2d 344). Santucci, J.P., Altman, Friedmann and Florio, JJ., concur.