Broadway-Flushing Homeowners' Assn., Inc. v Dilluvio
2012 NY Slip Op 05487 [97 AD3d 614]
July 11, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 22, 2012


Broadway-Flushing Homeowners' Association, Inc., Respondent,
v
Anthony Dilluvio et al., Appellants, et al., Defendants.

—[*1] Carriero & Associates, PLLC, North Beach, N.Y. (J. James Carriero of counsel), for appellants.

Nicolosi & Nicolosi, LLP, Manhasset, N.Y. (Vincent F. Nicolosi of counsel), for respondent.

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 NY2d 241, 248 [1976]). 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, 97 AD3d 614 [2012] [decided herewith]). Rivera, J.P., Florio, Eng and Cohen, JJ., concur.