Kessler v. Kessler

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 the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CFLR 5501 [a] [1]).

On June 10, 1980, after 25 years of marriage, the parties entered into a separation agreement, which provided that the plaintiff husband would, among other things, make payments to the defendant wife for her support and maintenance and for the…