Opinion
December 29, 1997
Appeal from the Supreme Court, Nassau County (Burke, J.).
Ordered that the appeals by Edward J. Leary and Brenda Dowdell are dismissed for failure to perfect the same in accordance with the rules of this Court ( see, 22 NYCRR 670.8); and it is further,
Ordered that the appeals by Charlene Wiggins, Monica Wiggins, and Laurie Moon from the order are dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
The appeals of Charlene Wiggins, Monica Wiggins, and Laurie Moon from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with entry of a judgment in the action ( see, Matter of Aho, 39 N.Y.2d 241). The issues raised on the appeals from the order are brought up for review and have been considered on the appeals from the judgment ( see, CPLR 5501 [a] ).
The Supreme Court properly granted judgment to the plaintiff and declared that the plaintiff was not required to defend or indemnify its insured, the defendant Edward J. Leary ( see, Allstate Ins. Co. v. Mugavero, 79 N.Y.2d 153; D'Arata v. New York Cent. Mut. Fire Ins. Co., 76 N.Y.2d 659; New York Cent. Mut. Fire Ins. Co. v. Kilmurray, 181 A.D.2d 40, 41-42; see also, Tartaglia v. Home Ins. Co., 240 A.D.2d 396; Tranchina v. Government Empls. Ins. Co., 235 A.D.2d 471).
Bracken, J. P., O'Brien, Thompson and Altman, JJ., concur.