Gandolfo v. White

Appellate Division of the Supreme Court of New York

Gandolfo v. White

224 A.D.2d 526, 638 N.Y.S.2d 333, 1996 N.Y. App. Div. LEXIS 1202

Appellate Division of the Supreme Court of the State of New York·Decided February 13, 1996·Published·Cited by 4 cases

Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Transportation dated March 4, 1994, the appeal is from an order of the Supreme Court, Suffolk County (Seidell, J.), dated April 12, 1994, which granted the petitioners’ motion for a preliminary injunction enjoining the New York State Department of Transportation from awarding contracts for towing operations to the respondents Masters Collisions, Inc., Ogden Brothers Collision, Inc., and K. Lombardi Towing, Inc.

Ordered that the appeal from the order dated April 12, 1994, is dismissed, without costs or disbursements.

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 judgment (see, CPLR 5501 [a] [1]; Matter of Gandolfo v White, 224 AD2d 526 [decided herewith]). Rosenblatt, J. P., Hart, Krausman and Goldstein, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Transportation dated March 4, 1994, the appeal is from an order of the Supreme Court, Suffolk County (Seidell, J.), dated April 12, 1994, which granted the petitioners’ motion for a preliminary injunction enjoining the New York State Department of Transportation from awarding contracts for towing operations to the respondents Masters Collisions, Inc., Ogden Brothers Collision, Inc., and K. Lombardi Towing, Inc.

Ordered that the appeal from the order dated April 12, 1994, is dismissed, without costs or disbursements.

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 judgment (see, CPLR 5501 [a] [1]; Matter of Gandolfo v White, 224 AD2d 526 [decided herewith]). Rosenblatt, J. P., Hart, Krausman and Goldstein, JJ., concur.

Gandolfo v. White, 224 A.D.2d 526, 638 N.Y.S.2d 333, 1996 N.Y. App. Div. LEXIS 1202 (N.Y. Ct. App. 1996).

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224 A.D.2d 526 (Gandolfo v. White) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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