Opinion
2012-02-7
In the Matter of Philip RAGUSA, etc., petitioner-respondent, v. Thomas V. OGNIBENE, et al., appellants, et al., respondents.
In a proceeding pursuant to Election Law § 16–102, inter alia, to invalidate a certificate of election filed with the Board of Elections in the City of New York electing the appellants as officers of the Republican Party County Committee for the County of Queens, State of New York, Thomas V. Ognibene, Janice E. Bar, and Bart J. Haggerty appeal from an order of the Supreme Court, Queens County (Flug, *892 J.), entered October 31, 2011, which, among other things, in effect, granted that branch of the petitioner's motion which was, in effect, to amend the caption of the proceeding to reflect the joinder of certain additional respondents.
ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal from the order must be dismissed, as the right of direct appeal therefrom terminated with the entry of a final order in the proceeding ( see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647; Matter of Myers v. Baisley, 65 A.D.3d 649, 649–650, 883 N.Y.S.2d 731, affd. 13 N.Y.3d 727, 885 N.Y.S.2d 449, 914 N.E.2d 141). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from that final order ( see CPLR 5501[a][1]; Matter of Ragusa v. Ognibene, ––– A.D.3d ––––, 937 N.Y.S.2d 892, 2012 WL 401068 [Appellate Division Docket No. 2011–10735, decided herewith] ).