Marshall v Marshall
2012 NY Slip Op 00190 [91 AD3d 609]
January 10, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 29, 2012


Michael Marshall, Respondent,
v
Ruth Marshall, Appellant.

[*1] Ruth Marshall, Brooklyn, N.Y., appellant pro se.

Naimark & Tannenbaum, Jamaica, N.Y. (Eliot Tannenbaum of counsel), for respondent.

In an action for a divorce and ancillary relief, the defendant appeals from an order of the Supreme Court, Kings County (Harkavy, J.H.O.), dated August 20, 2008, which determined that a certain bank account held by the plaintiff in trust for his mother was not a marital asset.

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

The defendant's appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment on October 1, 2008 (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 that judgment (see CPLR 5501 [a] [1]; Marshall v Marshall, 91 AD3d 610 [2012] [decided herewith]). Angiolillo, J.P., Lott, Austin and Cohen, JJ., concur.