Miranda v. Town of Blooming Grove

In an action to recover damages for wrongful death, the plaintiffs appeal from (1) an order of the Supreme Court, Orange County (Owen, J.), dated September 10, 1997, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3216, and (2) a judgment of the same court, dated October 2, 1997, which dismissed the complaint.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

The appeal from the intermediate order must be dismissed because the…