Johnson v Jacobowitz

2009 NY Slip Op 06235 [65 AD3d 610]

August 18, 2009

Appellate Division, Second Department

As corrected through Wednesday, September 30, 2009

Delores Johnson, Appellant, v Israel Jacobowitz et al.,Respondents, et al., Defendant.

—[*1]Wolf & Fuhrman, LLP, Bronx, N.Y. (Carole R. Moskowitz of counsel), for appellant.

Costello, Shea & Gaffney, LLP, New York, N.Y. (Steven E. Garry of counsel), forrespondents.

In an action to recover damages for medical malpractice, etc., the plaintiff appeals fromstated portions of an order of the Supreme Court, Kings County (Levine, J.), dated June 22,2007.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from the order must be dismissed because the right of direct appeal therefromterminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241,248 [1976]). The issues raised on the appeal from the order are brought up for review and havebeen considered on the cross appeal from the judgment (see CPLR 5501 [a] [1];Johnson v Jacobowitz, 65 AD3d 610 [2009] [decided herewith]). Mastro, J.P.,Dillon, Santucci and Balkin, JJ., concur.