Ronald Suissa v No~ 2010-269 S C Marcy R. Baron & Addison Klutchko
Slip Opinion No: 2010 NY Slip Op 64379(U)
Decided on February 19, 2010
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT : MOLIA, J.P., LaCAVA and IANNACCI, JJ.

RONALD SUISSA,

Respondent,

-against-

NO. 2010-269 S C

MARCY R. BARON and
ADDISON KLUTCHKO,

Appellants.

DECISION On the court's own motion, the appeal from the order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), entered June 2, 2009, is dismissed.

The appeal from the intermediate order granting landlord's motion to strike tenants' jury demand must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review on the appeal from the judgment (see CPLR 5501 [a] [1]).