CIANCI v. UNIVERSITY OF ROCHESTER (2024)

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Defendant appeals from an order that, upon treating its motion solely as one to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, denied the motion. “The right to appeal from an intermediate order terminates with the entry of a final judgment” (McCann v. Gordon, 204 A.D.3d 1449, 1449, 165 N.Y.S.3d 414 [4th Dept. 2022], appeal dismissed 38 N.Y.3d 1158, 174 N.Y.S.3d 348, 195 N.E.3d 55 [2022] [internal quotation marks omitted]; see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 [1976]; see generally CPLR 5501 [a] [1]). Inasmuch as the record of this case in the New York State Courts Electronic Filing System establishes that a final judgment in favor of plaintiff following a jury trial was entered on July 12, 2024, of which we may take judicial notice (see McCann, 204 A.D.3d at 1449, 165 N.Y.S.3d 414), defendant's appeal from the intermediate order must be dismissed (see id.; McDonough v. Transit Rd. Apts., LLC, 164 A.D.3d 1603, 1603, 82 N.Y.S.3d 760 [4th Dept. 2018]). Defendant may raise its contentions in an appeal from the judgment (see McDonough, 164 A.D.3d at 1603, 82 N.Y.S.3d 760; Deuser v. Precision Constr. & Dev., Inc., 149 A.D.3d 1540, 1540, 51 N.Y.S.3d 449 [4th Dept. 2017]).