Kaufman v Kaufman, 2020 NY Slip Op 05730 [187 AD3d 869]

October 14, 2020

Appellate Division, Second Department

[*1]

Kim A. Kaufman, Respondent,

v

Glenn B. Kaufman, Appellant.

Lieberman & LeBovit, Yorktown Heights, NY (Mitchell P. Lieberman and Rottenstreich & Ettinger, LLP of counsel), for appellant.

Kramer Kozek LLP, White Plains, NY (Deborah Sherman of counsel), for respondent.

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Westchester County (Lawrence H. Ecker, J.), dated July 7, 2014. The order, insofar as appealed from, granted that branch of the plaintiff’s motion which was for leave to reargue her prior motion for an award of interim counsel fees, which had been denied in an order of the same court dated April 4, 2014, and, upon reargument, in effect, vacated that portion of the order dated April 4, 2014, and thereupon granted the plaintiff’s prior motion for an award of interim counsel fees to the extent of awarding her the sum of $750,000.

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

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with entry of the judgment in the action ( see Matter of Aho , 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review on the related appeal and cross appeal from the judgment ( see CPLR 5501 [a] [1]; Kaufman v Kaufman , 189 AD3d 31 [2020] [decided herewith]). Scheinkman, P.J., Maltese, LaSalle and Christopher, JJ., concur..