Opinion
August 23, 1993
Appeal from the Family Court, Westchester County (Bellantoni, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
By order of the Family Court, Westchester County, dated May 24, 1993, the petition in this matter was dismissed on the merits after a fact-finding hearing. Since the underlying proceeding has been determined in favor of the appellant on this appeal, it is now academic.
Furthermore, the appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the dispositional order in the proceeding (see, Matter of Aho, 39 N.Y.2d 241, 248; Family Ct Act § 1118; CPLR 5501 [a] [1]; Matter of H. Children [Denise H.], 169 A.D.2d 833; cf., Matter of Tyson M., 195 A.D.2d 558). Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.