| Powers v Wilson |
| 2008 NY Slip Op 09055 [56 AD3d 639] |
| November 18, 2008 |
| Appellate Division, Second Department |
| Raymond A. Powers, Respondent, v Catherine M. Wilson,Appellant. Kim M. Rayner, Nonparty Respondent. |
—[*1] Raymond A. Powers, Thornwood, N.Y., respondent pro se. Kim M. Rayner, Chestnut Ridge, N.Y., attorney for the children, nonparty respondent prose.
In an action for a divorce and ancillary relief, the defendant appeals, as limited by her brief,from (1) so much of an order of the Supreme Court, Westchester County (Sherwood, J.), datedOctober 4, 2005, as granted, without a hearing, the motion of nonparty Kim M. Rayner, theattorney for the parties' children, for approval of her fees, and, in effect, to direct the defendant topay 40% of those fees, and (2) so much of an order of the same court dated May 18, 2006, asdenied her motion for leave to reargue her opposition to the original motion.
Ordered that the appeal from order dated October 4, 2005 is dismissed, without costs ordisbursements; and it is further,
Ordered that the appeal from the order dated May 18, 2006 is dismissed, without costs ordisbursements, as no appeal lies from an order denying reargument.
A judgment of divorce incorporating the terms of an order dated October 4, 2005 was enteredon August 29, 2006. The appeal from the interlocutory order dated October 4, 2005 must bedismissed because the right of direct appeal therefrom terminated with the entry of judgment inthe action (see Matter of Aho, 39 NY2d 241 [1976]). The issues raised on the appealfrom the order dated October 4, 2005, are brought up for review and have been considered on theappeal from the judgment of divorce (see CPLR 5501 [a] [1]), decided herewith (seePowers v Wilson, 56 AD3d 639 [2008]). Mastro, J.P.,Skelos, Balkin and Belen, JJ., concur.