Broadway–Flushing Homeowners' Association, Inc., respondent, v. Anthony Dilluvio, et al., appellants, et al., defendants. (2012)

Argued—June 14, 2012

DECISION & ORDER

In an action, inter alia, to enforce a restrictive covenant and for injunctive relief, the defendants Anthony Dilluvio and Joseph M. Dilluvio appeal from an order of the Supreme Court, Queens County (Siegal, J.), entered April 22, 2010, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

ORDERED that the appeal is dismissed, with costs.

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).   The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501[a][1];  Broadway–Flushing Homeowners' Assn, Inc., v Dilluvio, AD3d [Appellate Division Docket No. 2011–08214;  decided herewith] ).

RIVERA, J.P., FLORIO, ENG and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court