Opinion
2002-03016
Submitted June 13, 2003.
August 18, 2003.
In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief and by letter dated June 2, 2003, from so much of an order of the Supreme Court, Nassau County (Berkowitz, J.), dated March 21, 2002, as granted the plaintiff's motion to increase monthly maintenance by the nontaxable sum of $6,500.
Alexander Potruch, LLC, Mineola, N.Y., for appellant.
Koopersmith Brown, LLP, Lake Success, N.Y. (Amy Lesserson Brown of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., LEO F. McGINITY, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed, without costs or disbursements.
The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of an amended 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 and cross appeal from the amended judgment ( see CPLR 5501[a][1]; Ventimiglia v. Ventimiglia, 307 A.D.2d 993 [Appellate Division Docket No. 2002-04462, decided herewith]).
SANTUCCI, J.P., McGINITY, TOWNES and MASTRO, JJ., concur.