Opinion
November 6, 1995
Appeal from the Supreme Court, Suffolk County (Berler, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is modified, on the law, by reducing the principal sum awarded to the former wife from $83,280.95 to $66,280.95; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of an appropriate amended judgment; and it is further,
Ordered that the former husband 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 appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).
The former wife moved for leave to enter a money judgment as a result of the husband's failure to pay distributive awards pursuant to a settlement agreement which was incorporated into the judgment of divorce, including $20,000 in cash payable in quarterly installments of $1,500. Under these circumstances, where the parties' settlement agreement did not contain an acceleration clause providing for the entire balance of the $20,000 to be due upon the default of any one installment, the former wife was only entitled to recover past due installments and could not unilaterally declare the entire balance of the $20,000 accelerated (see, Libeson v Copy Realty Corp., 167 A.D.2d 376). At the time the judgment was entered, only two of the installments, each of which were in the amount of $1,500, had come due and were not paid. Therefore, the judgment has been amended accordingly. Balletta, J.P., Pizzuto, Joy and Altman, JJ., concur.