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CHATEAU RIVE CORP., Respondent-Appellant, v. ENCLAVE DEVELOPMENT ASSOCIATES, Appellant-Respondent.

Ordered that the appeal and the cross appeal are dismissed, without costs or disbursements.

The appeal and cross appeal from the order entered February 14, 2003, must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal and the cross appeal from that order are brought up for review and have been considered on the appeal from the judgment ( see CPLR 5501 [a] [1]; Chateau Rive Corp. v. Enclave Dev. Assoc., 22 AD3d 447 [decided herewith]).

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CHATEAU RIVE CORP. v. ENCLAVE DEV. ASSOCIATES
(Oct 3, 2005)