Gorey v. Allion Healthcare, Inc.

Appellate Division of the Supreme Court of New York

Gorey v. Allion Healthcare, Inc.

72 A.D.3d 640, 897 N.Y.S.2d 910

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

DecidedApril 6, 2010

StatusPublished

This text of 72 A.D.3d 640 (Gorey v. Allion Healthcare, Inc.) 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

Gorey v. Allion Healthcare, Inc., 72 A.D.3d 640, 897 N.Y.S.2d 910 (N.Y. Ct. App. 2010).

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Opinion

In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Suffolk County (Pines, J.), dated January 7, 2008, and the plaintiff cross-appeals, as limited by his notice of appeal and brief, from stated portions of the same order.

Ordered that the appeal and cross appeal are dismissed, without costs or disbursements.

The appeal and cross 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 [1976]). The issues raised on the appeal and cross appeal from the order are brought up for review and have been considered on the appeal and cross appeal from the judgment (see Gorey v Allion Healthcare, Inc., 72 AD3d 640 [2010] [decided herewith]; CPLR 5501 [a] [1]). Prudenti, P.J., Balkin, Leventhal and Austin, JJ., concur. [Prior Case History; 18 Misc 3d 1118(A), 2008 NY Slip Op 50125(U).]

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In an action, inter alia, to recover damages for breach of contract, the defendant appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Suffolk County (Pines, J.), dated January 7, 2008, and the plaintiff cross-appeals, as limited by his notice of appeal and brief, from stated portions of the same order.

Ordered that the appeal and cross appeal are dismissed, without costs or disbursements.

The appeal and cross 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 [1976]). The issues raised on the appeal and cross appeal from the order are brought up for review and have been considered on the appeal and cross appeal from the judgment (see Gorey v Allion Healthcare, Inc., 72 AD3d 640 [2010] [decided herewith]; CPLR 5501 [a] [1]). Prudenti, P.J., Balkin, Leventhal and Austin, JJ., concur. [Prior Case History; 18 Misc 3d 1118(A), 2008 NY Slip Op 50125(U).]

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Bluebook (online)

72 A.D.3d 640, 897 N.Y.S.2d 910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gorey-v-allion-healthcare-inc-nyappdiv-2010.

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