KENFORD COMPANY, INC. v. COUNTY OF ERIE

Appeal unanimously dismissed without costs. Memorandum: A motion must be addressed to a pending action, and Supreme Court was without jurisdiction to entertain a motion almost two years after final judgment was entered (see, Niagara Mohawk Power Corp. v. Great Bend Aggregates [appeal No. 2], 181 A.D.2d 998; Urso v. Panish, 94 A.D.2d 701). The entry of the final judgment terminated the action and all claims arising out of the same transactions are barred by well-settled principles of res judicata (see, O'Brien v. City of Syracuse, 54 N.Y.2d 353; Davie v. Dwyer, 155 A.D.2d 921; Matter of Doherty v. Cuomo, 76 A.D.2d 14, 20).