Citation Numbers： 32 A.D.3d 853, 820 N.Y.S.2d 523
Filed Date： 9/12/2006
Status： Precedential
Modified Date： 10/19/2024
In a proceeding pursuant to CFLR article 75, Martha Digsby appeals from (1) an order of the Supreme Court, Nassau County (Franco, J.), dated August 3, 2000, which granted the petition of Goldweber & Hershkowitz to vacate an arbitration award dated February 9, 2000 and directed a de novo arbitration, (2) an order of the same court dated April 18, 2001, which granted the petition of Goldweber & Hershkowitz to confirm an arbitration award dated February 20, 2001 and denied her cross petition to vacate that arbitration award, and (3) a judgment of the same court entered April 30, 2001, which, upon the order confirming the arbitration award dated February 20, 2001, is in favor of the petitioner and against her in the principal sum of $30,000.
Ordered that the appeals from the orders are dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that one bill of costs is awarded to the petitioner.
The appeals from the intermediate orders dated August 3, 2000 and April 18, 2001 must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]).
The appellant failed to preserve her right to appellate review of the order dated August 3, 2000 by participating in the second arbitration. If the appellant wished to challenge the propriety of the vacatur of the original award, the correct course was to seek an interim stay pending appeal (see Matter of Commerce & Indus. Ins. Co. v Nester, 90 NY2d 255, 262 [1997]; Rochester City School Dist. v Rochester Teachers Assn., 41 NY2d 578, 583 [1977]; Matter of One Beacon Ins. Co. v Bloch, 298 AD2d 522, 523 [2002]; Matter of Nationwide Mut. Ins. Co. v Rothbart, 220 AD2d 509 [1995]).