January 16, 2021

Appellate practice.

Defendants argue that the appeal should be dismissed because plaintiff's appeal from the underlying summary judgment order has been deemed dismissed. However, after the judgment was entered, terminating the right of direct appeal from the order, plaintiff properly appealed from the judgment, pursuant to CPLR 5501[a][1], without any improper delay.

Walsh v. Pisano, NY Slip Op 00245 (1st Dep't January 14, 2021)

Here is the decision.