SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
August 18, 2009
DELORES JOHNSON, ETC., APPELLANT,
ISRAEL JACOBOWITZ, ETC., RESPONDENTS, ET AL., DEFENDANT.
In an action to recover damages for medical malpractice, etc., the plaintiff appeals from stated portions of an order of the Supreme Court, Kings County (Levine, J.), dated June 22, 2007.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
WILLIAM F. MASTRO, J.P., MARK C. DILLON, FRED T. SANTUCCI and RUTH C. BALKIN, JJ.
(Index No. 9431/03)
DECISION & ORDER
ORDERED that the 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 cross appeal from the judgment (see CPLR 5501[a]; Johnson v Jacobowitz,AD3d [Appellate Division Docket No. 2008-08191; decided herewith]).
MASTRO, J.P., DILLON, SANTUCCI and BALKIN, JJ., concur.
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