SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
December 15, 2009
LINDA SALVATORE, RESPONDENT,
GERALD P. SALVATORE, APPELLANT.
In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Suffolk County (MacKenzie, J.), dated May 20, 2008, which denied his motion to modify an order of the same court dated August 15, 2007, so as to award him custody of the parties' two children.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
FRED T. SANTUCCI, J.P., HOWARD MILLER, DANIEL D. ANGIOLILLO and RANDALL T. ENG, JJ.
(Index No. 17407/06)
DECISION & ORDER
ORDERED that the appeal is dismissed, with costs.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501[a]; Salvatore v Salvatore,AD3d [Appellate Division Docket No. 2009-00477, decided herewith]).
SANTUCCI, J.P., MILLER, ANGIOLILLO and ENG, JJ., concur.
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