Opinion
June 3, 1985
Appeal from the Supreme Court, Nassau County (Roncallo, J.).
Appeal from the order dated December 21, 1983, dismissed. ( See, Matter of Aho, 39 N.Y.2d 241, 248.) The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).
Judgment affirmed.
Plaintiff is awarded one bill of costs.
The written lease upon which this action is based makes it abundantly clear that there was no genuine issue of fact to preclude summary judgment ( North Fork Bank Trust Co. v Holbrook, 89 A.D.2d 599). Thompson, J.P., Brown, Niehoff and Lawrence, JJ., concur.