Quinlin v. Pierce

Cross appeal unanimously dismissed (see, CPLR 5511; Town of Massena v Niagara Mohawk Power Corp., 45 NY2d 482, 488; Matter of Brown v Starkweather, 197 AD2d 840, 841, Iv denied 82 NY2d 653) and amended order affirmed without costs. Memorandum: At the outset, we note that respondent James R. Pierce, Sr. appeals from an order that was superseded by an amended order. The appeal properly lies from the amended order (see, Matter of Eric D. [appeal No. 1], 162 AD2d 1051). In the exercise of our discretion, we deem the appeal as taken *691from the amended order (see, CPLR 5520 [c]; Hughes v Nussbaumer,…