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Scannapieco v. City of New York9/30/2002
d that the Supreme Court providently exercised its discretion in directing the immediate lump sum payment of annuity benefits which accrued from the date of verdict until entry of the amended judgment.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the amended judgment in the action (see, Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the amended judgment (see CPLR 5501 ).
Accordingly, the appeal from the order is dismissed, and the amended judgment is affirmed insofar as appealed from.
FRIEDMANN, J.P., SMITH and ADAMS, JJ., concur.
(*8)
ORDERED that the appeal from the order is dismissed; and it is further,
ORDERED that the amended judgment is affirmed insofar as appealed from; and it is further,
ORDERED that one bill of costs is awarded to the plaintiffs.
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