Opinion
May 16, 1994
Appeal from the Supreme Court, Nassau County (O'Shaughnessy, J.).
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 right of direct appeal therefrom terminate with the entry of judgment in the action (see, Matter of Aho, 39 N.Y.2d 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] [1]).
An unregistered but properly admitted attorney is not barred from seeking to collect attorney's fees (see, Matter of Scarsella, 195 A.D.2d 513).
The Supreme Court properly found that plaintiff, as the forwarding attorney, was entitled to recover his participation fee of 33 1/3% under the participation agreement he entered into with Koeppel, Del Casino Martone, P.C. (see, Witt v. Cohen, 192 A.D.2d 528; Oberman v. Reilly, 66 A.D.2d 686).
Furthermore the Supreme Court properly found that the firm of Koeppel, Martone Leistman was responsible for such payment from the fees it received in the Brunswick tax certiorari matters.
We have examined appellants' remaining contentions and find them to be without merit. Thompson, J.P., Rosenblatt, Pizzuto and Florio, JJ., concur.