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Aebly v. Lally

Supreme Court of New York, Second Department

December 4, 2013

Richard E. Aebly, respondent,
v.
Regan Lally, appellant. Index No. 08-202114

Regan Lally, Locust Valley, N.Y. (Jeffrey Horn of counsel), appellant pro se.

Howard B. Leff, P.C., Garden City, N.Y., for respondent.

PETER B. SKELOS, J.P., L. PRISCILLA HALL, JEFFREY A. COHEN, SYLVIA O. HINDS-RADIX, JJ.

DECISION & ORDER

In an action for a divorce and ancillary relief, the defendant appeals, by permission, from an order of the Supreme Court, Nassau County (Palmieri, J.), dated October 13, 2011, which, sua sponte, appointed a temporary receiver.

ORDERED that the appeal is dismissed, without costs or disbursements.

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 on May 16, 2012 (see Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from that judgment (see CPLR 5501[a][1]; Aebly v Lally ____A.D.3d ____ [Appellate Division Docket No. 2012-06307; decided herewith]).

SKELOS, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.


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