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McNEILL v. TOWN OF ISLIP

2018-09230, 2018-13127. Index No. 34486/08.

203 A.D.3d 813 (2022)

160 N.Y.S.3d 900

2022 NY Slip Op 01448

Carolyn F. McNeill, by Her Parent and Natural Guardian, Cora McNeill, et al., Appellants, v. Town of Islip, Respondent, et al., Defendant.

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

Decided March 9, 2022.

Attorney(s) appearing for the Case

Gruenberg Kelly Della (Mischel & Horn, P.C., New York, NY [Scott T. Horn], of counsel), for appellants.

McGiff Halverson Dooley, LLP (Lewis Johs Avallone Aviles, LLP, Islandia, NY [Robert J. Cimino, Robert A. Lifson, and Amy E. Bedell], of counsel), for respondent.

LaSalle, P.J., Connolly, Iannacci and Wooten, JJ., concur.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the defendant Town of Islip.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action (see Matter of Aho, 39 N.Y.2d 241...

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