Opinion
2015–08593 Index No. 10635/09
09-11-2019
Marie YULIANO, Appellant, v. John YULIANO, Defendant.
Quatela Chimeri, PLLC, Hauppauge, N.Y. (Christopher J. Chimeri of counsel), for appellant.
Quatela Chimeri, PLLC, Hauppauge, N.Y. (Christopher J. Chimeri of counsel), for appellant.
JOHN M. LEVENTHAL, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDER
In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Suffolk County (John C. Bivona, J.), dated June 26, 2015. The order, insofar as appealed from, denied that branch of the plaintiff's motion which was to vacate an order of the same court dated March 30, 2015, granting a receiver's ex parte motion for authorization to hire an accountant and, sua sponte, directing the plaintiff to pay the fees of the receiver and the accountant, and, in effect, denied that branch of the plaintiff's motion which was for an award of attorney's fees.
ORDERED that the appeal is dismissed, without costs or disbursements. The appeal from the intermediate order in this action must be dismissed because the right of direct appeal therefrom terminated with the entry of a judgment entered September 25, 2015 (see Matter of Aho , 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 ). The issues raised on the appeal from the order dated June 26, 2015, are not brought up for review and have not been considered on the appeal from the judgment (see Yuliano v. Yuliano , ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2019 WL 4281721 [Appellate Division Docket No. 2015–11145 ; decided herewith] ), as that order does not "necessarily affect[ ]" the final judgment ( CPLR 5501[a][1] ; see Oakes v. Patel , 20 N.Y.3d 633, 643–644, 965 N.Y.S.2d 752, 988 N.E.2d 488 ; Mellen v. Mellen , 260 A.D.2d 609, 610–611, 688 N.Y.S.2d 674 ).
LEVENTHAL, J.P., MILLER, DUFFY and LASALLE, JJ., concur.