Opinion
April 19, 1983
Motion, insofar as it seeks to dismiss appeal from order entered August 19, 1980, granted, without costs. Since appellant took an appeal from such order and subsequently abandoned that appeal (see 22 NYCRR 800.12), issues which could have been raised thereon may not be raised on this appeal (see Bray v Cox, 38 N.Y.2d 350; Marcello v Marcello, 92 A.D.2d 687; De Ronda v Greater Amsterdam School Dist., 91 A.D.2d 1008). Motion insofar as it seeks to dismiss appeal from order entered September 10, 1981, granted, without costs, since it appears that a timely appeal was not taken from such order. Motion insofar as it seeks to dismiss appeal from judgment entered upon order entered September 10, 1981, denied, without costs. Since it appears that such judgment was not served with notice of entry, the appeal was not untimely taken. The order entered September 10, 1981, may be reviewed on this appeal (CPLR 5501, subd [a], par 1; see Austrian Lance Stewart v Jackson, 50 A.D.2d 735). Cross motion denied, without costs. Mahoney, P.J., Sweeney, Kane, Main and Levine, JJ., concur.