Brandman v. Warden

Appellate Division of the Supreme Court of New York

Brandman v. Warden

135 A.D.2d 481, 522 N.Y.S.2d 460, 1987 N.Y. App. Div. LEXIS 52445

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 7, 1987

StatusPublished

This text of 135 A.D.2d 481 (Brandman v. Warden) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brandman v. Warden, 135 A.D.2d 481, 522 N.Y.S.2d 460, 1987 N.Y. App. Div. LEXIS 52445 (N.Y. Ct. App. 1987).

Pincite

Opinion

— Appeal by the plaintiffs from (1) an order of the Supreme Court, Suffolk County, dated March 20, 1987, and (2) an order and judgment (one paper) of the same court entered April 9,1987.

Ordered that the appeal from the order dated March 20, 1987, is dismissed; and it is further,

Ordered that the order and judgment entered April 9, 1987, is affirmed for reasons stated by Justice Gerard in his memorandum decision at Trial Term; and it is further,

Ordered that the defendants aré 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 NY2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the order and judgment (see, CPLR 5501 [a] [1]). Mangano, J. P., Bracken, Eiber and Kunzeman, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI