Aebly v Lally

2013 NY Slip Op 08035 [112 AD3d 561]

December 4, 2013

Appellate Division, Second Department

As corrected through Wednesday, January 29, 2014

Richard E. Aebly, Respondent, v Regan Lally,Appellant.

—[*1]Regan Lally, Locust Valley, N.Y. (Jeffrey Horn of counsel), appellant pro se.

Howard B. Leff, P.C., Garden City, N.Y., for respondent.

In an action for a divorce and ancillary relief, the defendant appeals, by permission,from an order of the Supreme Court, Nassau County (Palmieri, J.), dated October 13,2011, which, sua sponte, appointed a temporary receiver.

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

The appeal from the intermediate order must be dismissed because the right of directappeal therefrom terminated with the entry of judgment in the action on May 16, 2012(see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appealfrom the order are brought up for review and have been considered on the appeal fromthat judgment (see CPLR 5501 [a] [1]; Aebly v Lally 112 AD3d 561 [2013] [decided herewith]). Skelos, J.P., Hall, Cohen and Hinds-Radix, JJ., concur.