Kingston v Breslin

2006 NY Slip Op 00481

Decided on January 24, 2006

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 24, 2006
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
BARRY A. COZIER, J.P.
DAVID S. RITTER
REINALDO E. RIVERA
STEVEN W. FISHER, JJ.
2004-07277






Becker, Glynn, Melamed & Muffly, LLP, New York, N.Y.
(Richard N. Chassin of counsel), for appellants Michael Breslin
and John Breslin, and Steven G. Milewicz, New York, N.Y., for
appellants Ave. Woodward Corp., 2 Ave. Woodward Corp.,
Atlantic-Heydt Corporation, and Atlantic-Heydt Rental
Corporation, d/b/a Atlantic-Heydt Leasing Co. (one brief filed).
Hodgson Russ, LLP, New York, N.Y. (Marc J. Goldstein and
Jeffrey C. Stravino of counsel), for
respondent.

In an action, inter alia, for a judgment declaring that the plaintiff is a shareholder of the defendant Atlantic-Heydt Corporation and its affiliates, the defendants appeal from an order of the Supreme Court, Westchester County (Rudolph, J.), entered May 27, 2004, which denied their motion for summary judgment.

ORDERED appeal is dismissed, without costs or disbursements.

The appeal from the 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 NY2d 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]; Kingston v Breslin, AD3d [Appellate Division Docket No. 2004-10262, decided herewith]).[*2]
COZIER, J.P., RITTER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court