Opinion
2019-612 Q C 2018-397 Q C
05-23-2019
Manuel Reyes, Appellant, v. MTA Bus Company and Soman Dameion, Respondents, et al., Defendants (and a third-party action).
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by respondents to dismiss an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered February 15, 2019, on the ground that this court's January 22, 2019 dismissal of appellant's prior appeal from an order of the Civil Court entered February 23, 2018 for failure to perfect precludes consideration of the issues raised on the appeal from the judgment pursuant to Bray v Cox (38 NY2d 350 [1976]). Separate motion by appellant, in effect, to vacate the January 22, 2019 dismissal of the prior appeal.
Upon the papers filed in support of the motions and the papers filed in opposition to appellant's motion, it is
ORDERED, on the court's own motion, that respondents' motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondents' motion is denied; and it is further,
ORDERED that appellant's motion is denied, as the right of direct appeal from the intermediate order terminated with the entry of the judgment on February 15, 2019 (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues sought to be raised on the appeal from the order may be brought up for review and considered on the appeal from the judgment (see CPLR 5501 [a] [1]).
ENTER:
Paul Kenny
Chief Clerk