Appeals from (1) a decision of the Civil Court of the City of New York, Queens County (Marguerite A. Grays, J.), dated May 3, 2001, (2) an order of said court, entered July 6, 2001 and (3) an order of said court (Lee A. Mayerson, J.), entered August 5, 2005. The decision, after a nonjury trial, awarded judgment in favor of defendants dismissing the action. The orders entered July 6, 2001 and August 5, 2005 denied plaintiff's motions to set aside the decision.

Appeals dismissed.

Plaintiff's appeal, taken by notice of appeal filed August 25, 2004, from the decision after trial dated May 3, 2001 and from the order entered July 6, 2001, both of which were served with notice of entry on August 7, 2001, is untimely (see CPLR 5513 [a]). In addition, no appeal lies from a decision. In any event, upon the entry of judgment on August 8, 2006, no appeals lie from any of the prior determinations (see Matter of Aho, 39 NY2d 241, 248 [1976]).

We incidentally note that, while a stenographer's original transcript (see CCA 1704 [a], [c]) is not available, plaintiff's statement in lieu of transcript must be settled in accordance with the statute (CPLR 5525 [d]), which was not done.

Weston Patterson, J.P., Golia and Belen, JJ., concur. [*2]
Decision Date: January 15, 2008