Opinion
2016–11953 Index No. 19038/12
08-05-2020
Marilyn MCLEAN, et al., Respondents, v. SACHEM CENTRAL SCHOOL DISTRICT, Appellant, et al., Defendant.
Ingerman Smith, LLP, Hauppauge, N.Y. (Christopher Clayton of counsel), for appellant. Ray, Mitev & Associates, LLP, Miller Place, N.Y. (Vesselin Mitev of counsel), for respondents.
Ingerman Smith, LLP, Hauppauge, N.Y. (Christopher Clayton of counsel), for appellant.
Ray, Mitev & Associates, LLP, Miller Place, N.Y. (Vesselin Mitev of counsel), for respondents.
RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, JOSEPH J. MALTESE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for breach of contract, the defendant Sachem Central School District appeals from an order of the Supreme Court, Suffolk County (William B. Rebolini, J.), dated September 15, 2016. The order, insofar as appealed from, denied that branch of the defendants' motion which was for summary judgment dismissing the complaint insofar as asserted against the defendant Sachem Central School District and granted that branch of the plaintiffs' cross motion which was for summary judgment on the issue of liability on the cause of action to recover damages for breach of contract insofar as asserted against the defendant Sachem Central School District.
ORDERED that the appeal is dismissed, without costs or disbursements.
The 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 N.Y.2d 241, 248, 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 ( McLean v. Sachem Cent. Sch. Dist. , 186 A.D.3d 470, 129 N.Y.S.3d 170, 2020 WL 4495844 [Appellate Division Docket No. 2018–13902; decided herewith]; see CPLR 5501[a][1] ).
BALKIN, J.P., LEVENTHAL, MALTESE and IANNACCI, JJ., concur.