Petitioner appeals from 1) an order of the Civil Court of the City of New York, New York County (Ernest J. Cavallo, J.), dated May 6, 2005, which granted his order to show cause noticing a motion for judgment on his petition seeking restoration to an apartment, 2) an order of the same court (Jerald R. Klein, J.), dated September 30, 2005, which denied the motion of respondent Fass for summary judgment dismissing the proceeding, and 3) a final judgment of the same court (Jean T. Schneider, J.), entered on or about October 31, 2005, after trial, which dismissed his petition.

Per Curiam.

Final judgment (Jean T. Schneider, J.), entered on or about October 31, 2005, affirmed, without costs. Appeals from orders dated May 6, 2005 (Ernest J. Cavallo, J.) and September 30, 2005 (Jerald R. Klein, J.) dismissed, without costs, since the right of direct appeal from these orders terminated with entry of judgment in the action (see Matter of Aho, 39 NY2d 241 [1976]).

Even assuming that appellant has taken a valid appeal from the final judgment, he has demonstrated no basis to disturb Civil Court's dismissal of his petition seeking restoration to the subject apartment premises. The trial court's finding that appellant was only a licensee — and therefore had no independent right to possession of the apartment — rested in large measure on considerations relating to credibility and we decline to disturb it (see Claridge Gardens, Inc. v Menotti, 160 AD2d 544 [1990]). Additionally, appellant was not aggrieved by either of the interlocutory orders that he appears to challenge.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 02, 2010