Opinion
February 24, 1992
Appeal from the Supreme Court, Nassau County (Robbins, 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 respondent is 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 appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).
Since the plaintiff failed to initiate proceedings for the entry of a default judgment within one year after the default of the defendant South Shore Diagnostic Center, P.C. (hereinafter South Shore), the Supreme Court properly dismissed her complaint pursuant to CPLR 3215 (c) as to this defendant (see, Rafiq v Weston, 171 A.D.2d 783; Vierya v. Briggs Stratton Corp., 166 A.D.2d 645, 646-647; Cousins v. Grant, 166 A.D.2d 494, 495; Manago v. Giorlando, 143 A.D.2d 646; cf., Myers v. Slutsky, 139 A.D.2d 709). Moreover, the record fails to support the plaintiff's contentions that South Shore waived its right to seek dismissal of the complaint under CPLR 3215 (c) or that South Shore, or any other party, misled or dissuaded the plaintiff from entering a default judgment within the statutorily prescribed period (Rafiq v. Weston, supra; Myers v. Slutsky, supra; cf., Cutrone v. General Motors Corp., 157 A.D.2d 648, 649). Bracken, J.P., O'Brien, Ritter and Copertino, JJ., concur.