Opinion
2000-00635
Argued October 31, 2001.
November 26, 2001.
In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Orange County (Owen, J.), dated November 29, 1999, which denied his motion to set the valuation date for the parties' marital assets as the date of the commencement of a prior, dismissed divorce action.
Roberts McFarquhar, LLP, Mount Vernon, N.Y. (Joan L. McFarquhar of counsel), for appellant.
Ralph Rubel, Merrick, N.Y. (Denise Marzano-Doty of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, SANDRA L. TOWNES, JJ.
ORDERED that the appeal is dismissed, without costs or disbursements, because the right of direct appeal from the order 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]; Martinucci v. Martinucci, 288 A.D.2d 444 [Appellate Division Docket No. 2000-10509, decided herewith]).
ALTMAN, J.P., S. MILLER, FRIEDMANN and TOWNES, JJ., concur.