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PRESTON v. SMITH

217 A.D.2d 973 (1995)

631 N.Y.S.2d 265

Jacqueline Preston, Appellant, v. Ronald D. Smith et al., Defendants, and Town of Ogden, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 14, 1995

Judgment unanimously affirmed without costs.

Memorandum:

A judgment was entered after the entry of the order from which this appeal was taken. "Where a prior order is subsumed within a judgment, the appeal is from the judgment, not the prior order" (Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988). Absent prejudice to respondent, this Court may, in its discretion, treat the notice of appeal as one taken from...

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