Matter of Grossbarth v Dankner, Milstein & Ruffo, P.C., 2018 NY Slip Op 00143 [157 AD3d 681]

January 10, 2018

Appellate Division, Second Department

[*1]

In the Matter of Joel Grossbarth, as Successor in Interest to Tognino & Grossbarth, LLP, Respondent,

v

Dankner, Milstein and Ruffo, P.C., Appellant.

Dankner, Milstein & Ruffo, P.C., sued herein as Dankner, Milstein and Ruffo, P.C. (Alexander J. Wulwick, New York, NY, of counsel), appellant pro se.

Levin & Chetkof, LLP, Westbury, NY (Howard A. Chetkof of counsel), for respondent.

In a proceeding to recover an attorney’s fee, the appeal is from an order of the Supreme Court, Rockland County (Loehr, J.), dated April 30, 2015, which granted the petition to the extent of finding that the petitioner was entitled to a determination of his fee on a quantum meruit basis and his disbursements and directing the commencement of discovery.

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 a judgment in the action entered December 16, 2016 ( 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 ( Matter of Grossbarth v Dankner, Milstein & Ruffo, P.C., 157 AD3d 681 [2018] [decided herewith]; see CPLR 5501 [a] [1]; Matter of Aho , 39 NY2d at 248). Balkin, J.P., Austin, Sgroi and Brathwaite Nelson, JJ., concur..