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MOORE v. FEDERATED DEPARTMENT STORES, INC.

Nos. 7479, 407020/07, 7479A.

94 A.D.3d 638 (2012)

942 N.Y.S.2d 513

2012 NY Slip Op 3112

DWAYNE MOORE, Appellant, v. FEDERATED DEPARTMENT STORES, INC., et al., Respondents.

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

Decided April 24, 2012.

Any right of direct appeal from the intermediate orders terminated with entry of the final judgment dismissing this wrongful termination action for failure to prosecute (see Matter of Aho, 39 N.Y.2d 241, 248 [1976]). Plaintiff did not appeal from the final judgment, and there is no basis for deeming his appeals from the intermediate orders as having been taken from the subsequent judgment (cf. CPLR 5501 [c]; 5520 [c]).

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