Opinion
February 27, 1995
Appeal from the Supreme Court, Putnam County (Hickman, 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 petitioner 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 proceeding (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 Supreme Court properly determined that the petition states a cause of action and properly dismissed the appellant's counterclaims (see, CPLR 5201, 5203 [a]; 5206; see also, In re Rizzo, 21 B.R. 913, 915; V.R.W., Inc. v. Klein, 68 N.Y.2d 560; DiSanto v. Wellcraft Mar. Corp., 149 A.D.2d 560, 561; Matter of Mason v. Belski, 73 A.D.2d 779).
We have considered the appellant's remaining contentions and find them to be without merit. Sullivan, J.P., Rosenblatt, Copertino and Hart, JJ., concur.