In re the Estate of Parrinello

—Order unanimously affirmed without costs. Memorandum: Respondent’s notice of appeal from a "judgment and order” entered February 14, 1994 purports to bring up for review two earlier orders, dated November 6, 1991 and August 17, 1993. The "judgment and

*1007order” is not in fact a final judgment because Surrogate’s Court ordered "that all terms, conditions, manner and distribution of all proceeds of the sale will be determined by further Order of the Court”, and we treat it as an order (see, Burke v Crosson, 85 NY2d 10). It does not bring up those earlier orders for review (see, CPLR 5501 [a] [l];…