| Shallash v New Is. Hosp. |
| 2009 NY Slip Op 07820 [66 AD3d 988] |
| October 27, 2009 |
| Appellate Division, Second Department |
| Anthony Shallash et al., Appellants, v New Island Hospitalet al., Respondents. |
—[*1] Furey Kerley Walsh Matera & Cinquemani, P.C., Seaford, N.Y. (Lauren B. Bristol ofcounsel), for respondent New Island Hospital. Bartlett, McDonough, Bastone & Monaghan, LLP, White Plains, N.Y. (Edward J. Guardaro,Jr., and Adonaid Casado Medina of counsel), for respondent Anthony Carlisi.
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal, as limitedby their brief, from so much of an order of the Supreme Court, Nassau County (Lally, J.),entered January 8, 2009, as, upon reargument, vacated its prior determination in an order enteredMay 15, 2008, granting those branches of the defendants' separate motions which were pursuantto CPLR 4404 (a) to set aside a jury verdict on the issue of liability as contrary to the weight ofthe evidence and for a new trial, and thereupon granted those branches of the defendants'separate motions which were pursuant to CPLR 4404 (a) to set aside the verdict on the issue ofliability as unsupported by legally sufficient evidence and for judgment as a matter of law.
Ordered that the appeal from the order entered January 8, 2009, is dismissed, without costsor disbursements.
The appeal from the order entered January 8, 2009, must be dismissed because the right ofdirect appeal therefrom terminated with the entry of judgment in the action (see Matter ofAho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from that order are broughtup for review and have been considered on the appeal from the judgment (see CPLR5501 [a] [1]; Shallash v New Is. Hosp., 66 AD3d 988 [2009] [decided herewith]).Rivera, J.P., Santucci, Eng and Chambers, JJ., concur.