IN RE: Philip Ragusa

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Supreme Court, Appellate Division, Second Department, New York.

IN RE: Philip Ragusa, etc., petitioner- respondent, v. Thomas V. Ognibene, et al., appellants, et al., respondents.

2011–10734 (Index No. 22796/11)

Decided: February 07, 2012

RUTH C. BALKIN, J.P. THOMAS A. DICKERSON ARIEL E. BELEN JEFFREY A. COHEN, JJ.

Argued—January 27, 2012

DECISION & ORDER

In a proceeding pursuant to Election Law § 16–102, inter alia, to invalidate a certificate of election filed with the Board of Elections in the City of New York electing the appellants as officers of the Republican Party County Committee for the County of Queens, State of New York, Thomas V. Ognibene, Janice E. Bar, and Bart J. Haggerty appeal from an order of the Supreme Court, Queens County (Flug, J.), entered October 31, 2011, which, among other things, in effect, granted that branch of the petitioner's motion which was, in effect, to amend the caption of the proceeding to reflect the joinder of certain additional respondents.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal from the order must be dismissed, as the right of direct appeal therefrom terminated with the entry of a final order in the proceeding (see Matter of Aho, 39 N.Y.2d 241, 248;  Matter of Myers v. Baisley, 65 AD3d 649, 649–650, affd 13 NY3d 727).   The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from that final order (see CPLR 5501[a][1];  Matter of Ragusa v. Ognibene, AD3d [Appellate Division Docket No. 2011–10735, decided herewith] ).

BALKIN, J.P., DICKERSON, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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