Opinion
April 10, 1989
Appeal from the Supreme Court, Westchester County (Buell, J.).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is affirmed; 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 appeal from the order are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).
This is the defendant's third attempt to reverse a finding that he violated the terms of the parties' separation agreement (see, Mascoli v. Mascoli, 129 A.D.2d 778). Once again, we find that the defendant has failed to set forth facts sufficient to require a trial (see, CPLR 3212 [b]; Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065) and reject the defendant's contentions as totally lacking merit. Thompson, J.P., Bracken, Brown and Rubin, JJ., concur.