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MILLER v. FALCO

2017-00547, Index No. 609001/16.

170 A.D.3d 706 (2019)

93 N.Y.S.3d 602

2019 NY Slip Op 01588

Raheem Miller et al., Appellants, et al., Plaintiff, v. Anthony Falco, as Executor of the Estate of Pauline Falco, Deceased, Respondent.

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

Decided March 6, 2019.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from the order must be dismissed because the right of direct appeal from so much of the order as granted that branch of the defendant's motion which was pursuant to CPLR 3211 (a) to dismiss the complaint terminated with the entry of the judgment in the action (Miller v Falco, 170 A.D.3d 707 [2019] [decided herewith]; see Matter of Aho, 39 N.Y.2d 241

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