Aebly v Lally

Aebly v Lally 2013 NY Slip Op 08035 Decided on December 4, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 4, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
2012-00067
(Index No. 08-202114)

[*1]Richard E. Aebly, respondent,

v

Regan Lally, appellant. Regan Lally, Locust Valley, N.Y. (Jeffrey Horn of counsel), appellant pro se. Howard B. Leff, P.C., Garden City, N.Y., for respondent.




DECISION & ORDER

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 direct appeal therefrom terminated with the entry of judgment in the action on May 16, 2012 (see Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from that judgment (see CPLR 5501[a][1]; Aebly v Lally ________AD3d ________ [Appellate Division Docket No. 2012-06307; decided herewith]).
SKELOS, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court