Opinion
November 27, 1995
Appeal from the Supreme Court, Westchester County, Ruskin, J., Silverman, J.
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the order and judgment is affirmed; and it is further,
Ordered that the defendants appearing separately and filing separate briefs are 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 N.Y.2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see, CPLR 5501 [a] [1]).
The Supreme Court properly dismissed the complaint for want of prosecution pursuant to CPLR 3216. The plaintiff unreasonably delayed the prosecution of her claims for at least six years after her representation by counsel in this case ended. At that point, the action was already five years old.
Moreover it was proper for the court to dismiss the action pursuant to CPLR 3126, which provides for imposition of penalties for refusal to comply with court orders. The plaintiff had refused, without just cause, to obey the court's previous order that she submit to the defendants' outstanding demands for physical and psychological examinations (see, CPLR 3121). Bracken, J.P., Sullivan, Miller and Copertino, JJ., concur.