Opinion
February 5, 1990
Appeal from the Supreme Court, Nassau County (Galfunt, J.H.O.).
Ordered that the appeal from the order dated May 20, 1987, is dismissed; and it is further,
Ordered that the judgment is reversed insofar as appealed and cross-appealed from, on the law, and the provisions of the judgment which incorporated by reference the first through eleventh, thirteenth through twenty-second and twenty-fourth decretal paragraphs of the order dated May 20, 1987, are deleted; and it is further,
Ordered that the order dated May 20, 1987, is modified accordingly; and it is further,
Ordered that Jerry Winter and the firm with which he is currently associated is disqualified from representing the plaintiff and no further proceedings shall be taken against the plaintiff, without leave of the court, until the expiration of 30 days after service upon him personally of a copy of this decision and order, with notice of entry, which shall constitute notice to appoint another attorney under CPLR 321 (c); and it is further,
Ordered that the defendant 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]).
Based upon the evidence adduced at the hearing held at the direction of this court, we agree with the Supreme Court's conclusion that the appearance of impropriety and a conflict of interest requires that the plaintiff's attorney be disqualified, and that the affected provisions of the judgment of divorce procured while that attorney was representing the plaintiff be reversed (see, Greene v Greene, 47 N.Y.2d 447; Cardinale v Golinello, 43 N.Y.2d 288; Nemet v Nemet, 112 A.D.2d 359). Mangano, J.P., Bracken, Brown and Kooper, JJ., concur.