Xikis v Xikis
2007 NY Slip Op 06866 [43 AD3d 1040]
September 18, 2007
Appellate Division, Second Department
As corrected through Wednesday, November 7, 2007


John Xikis, Respondent,
v
Maria Xikis,Appellant.

[*1]Sager and Gellerman, Forest Hills, N.Y. (Audrey M. Sager of counsel), for appellant.

Dikman & Dikman, Lake Success, N.Y. (Michael Dikman of counsel), forrespondent.

In an action for a divorce and ancillary relief, the defendant wife appeals from an order of theSupreme Court, Queens County (Strauss, J.), dated July 20, 2004, which denied her motion, interalia, to set the valuation date of the plaintiff husband's separate real property as the date of trial.Justice Mastro has been substituted for former Justice Luciano (see 22 NYCRR 670.1[c]).

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from the intermediate order must be dismissed because the right of direct appealtherefrom terminated with the entry of judgment in the action (see Matter of Aho, 39NY2d 241, 248 [1976]). The issues raised on appeal from the order are brought up for review andhave been considered on the appeal from the judgment (see Xikis v Xikis, 43 AD3d1040 [2007] [decided herewith]). Miller, J.P., Mastro, Lunn and Dillon, JJ., concur.


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