Opinion
2016–00245 Index No. 3914/14
10-10-2018
In the Matter of YONKERS FIREFIGHTERS, etc., et al., appellants, v. CITY OF YONKERS, respondent.
Archer, Byington, Glennon and Levine, LLP, Melville, N.Y. (John H. Byington of counsel), for appellants. Michael V. Curti, Corporation Counsel, Yonkers, N.Y. (Coughlin & Gerhart, LLP [Paul J. Sweeney ], of counsel), for respondent.
Archer, Byington, Glennon and Levine, LLP, Melville, N.Y. (John H. Byington of counsel), for appellants.
Michael V. Curti, Corporation Counsel, Yonkers, N.Y. (Coughlin & Gerhart, LLP [Paul J. Sweeney ], of counsel), for respondent.
MARK C. DILLON, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, HECTOR D. LASALLE, JJ.
DECISION & ORDER
In a proceeding pursuant to CPLR article 78 to review a determination of the City of Yonkers dated August 22, 2014, terminating the employment of the petitioner Christopher Giardini, the petitioners appeal from an order of the Supreme Court, Westchester County (Susan Cacace, J.), dated November 25, 2015. The order, insofar as appealed from, denied the petitioners' motion pursuant to CPLR 3217 to discontinue the proceeding.
ORDERED that the appeal from the order is dismissed, without costs or disbursements.
The appeal from the order denying the petitioners' motion to discontinue this proceeding must be dismissed. An intermediate order made in a CPLR article 78 proceeding is not appealable as of right (see CPLR 5701[b][1] ; Matter of Dicker v. Glen Oaks Vil. Owners, Inc., 153 A.D.3d 1398, 60 N.Y.S.3d 693 ; Matter of Sweeney v. Schneider, 123 A.D.3d 1049, 1049–1050, 999 N.Y.S.2d 853 ), and the possibility of taking a direct appeal therefrom terminated with entry of judgment in the proceeding (see Matter of Yonkers Firefighters v. City of Yonkers, 165 A.D.3d 816, 86 N.Y.S.3d 100, 2018 WL 4905392 [Appellate Division Docket No. 2016–02470; decided herewith] ; Matter of Aho, 39 N.Y.2d 241, 383 N.Y.S.2d 285, 347 N.E.2d 647 ). 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] ).
DILLON, J.P., LEVENTHAL, MILLER and LASALLE, JJ., concur.