Robert Larsen, respondent, v. Frank Ciolli, doing business as Grimaldi's Pizzeria, appellant, et al., defendants.

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

Robert Larsen, respondent, v. Frank Ciolli, doing business as Grimaldi's Pizzeria, appellant, et al., defendants.

2016–03146 (Index No. 150771/13)

Decided: October 31, 2018

RUTH C. BALKIN, J.P. SANDRA L. SGROI HECTOR D. LASALLE BETSY BARROS, JJ. McCue Sussmane Zapfel Cohen & Youbi, P.C., New York, N.Y. (Kenneth S. Sussmane of counsel), for appellant.

Argued—September 7, 2018

DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract, the defendant Frank Ciolli, doing business as Grimaldi's Pizzeria, appeals from an order of the Supreme Court, Richmond County (Charles M. Troia, J.), dated January 15, 2016.  The order denied that defendant's motion for summary judgment dismissing the breach of contract and fraud causes of action insofar as asserted against him.

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

The appeal must be dismissed because the right of direct appeal therefrom terminated with the entry of a judgment in the action dated November 30, 2016 (see Matter of Aho, 39 N.Y.2d 241, 248).  The issues raised on the appeal from the order, to the extent that they have not been rendered academic, are brought up for review and have been considered on the appeal from the judgment (Larsen v. Ciolli,_ AD3d _ [Appellate Division Docket No. 2016–13318;  decided herewith];  see CPLR 5501[a][1];  Matter of Aho, 39 N.Y.2d at 248).

BALKIN, J.P., SGROI, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court