Salvatore v Salvatore

Salvatore v Salvatore 2009 NY Slip Op 09451 [68 AD3d 965] December 15, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Linda Salvatore, Respondent,
v
Gerald P. Salvatore, Appellant.

—[*1] Curtis R. Exum, Hauppauge, N.Y., for appellant.

Horn & Horn, Huntington, N.Y. (Jeffrey S. Horn of counsel), for respondent.

Arza Feldman, Uniondale, N.Y., attorney for the children.

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Suffolk County (MacKenzie, J.), dated May 20, 2008, which denied his motion to modify an order of the same court dated August 15, 2007, so as to award him custody of the parties' two children.

Ordered that the appeal is dismissed, with costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]; Salvatore v Salvatore, 68 AD3d 966 [2009] [decided herewith]). Santucci, J.P., Miller, Angiolillo and Eng, JJ., concur.