Opinion
February 17, 1998
Appeal from the Supreme Court, Westchester County (Barone, J.).
Ordered that the appeal from the order is dismissed, and it is further,
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision ( see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the judgment is affirmed insofar as appealed from; and it is further,
Ordered that the plaintiff is awarded one bill of 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 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 the judgment ( see, CPLR 5501 [a] [1]).
Under the circumstances of this case, the trial court properly granted the plaintiff a divorce judgment based on cruel and inhuman treatment.
The defendant's remaining contentions are either academic or without merit.
Thompson, J. P., Joy, Goldstein and Luciano, JJ., concur.