DECISION ORDER
ORDERED that the appeal from the order is dismissed; and it is further,
ORDERED that the judgment is affirmed; and it is further,
ORDERED that one bill of costs is awarded to the defendant.
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 N.Y.2d 241). 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 CPLR 5501[a][1]).
The plaintiff husband made a motion, inter alia, denominated as one pursuant to CPLR 4403 to reject the report of the Judicial Hearing Officer (hereinafter the JHO) and, upon rejecting the report, to vacate an order of the JHO, dated October 6, 1999, awarding the defendant certain pendente lite relief as to child support and maintenance. However, the reference, made on consent, directed the JHO to hear and determine such issues, not hear and report (see Perrelli v. Perrelli, 284 A.D.2d 517; CPLR 4201; CPLR 4301; CPLR 4311). Thus, as noted by the Supreme Court, a motion denominated as one pursuant to CPLR 4403 to reject the JHO's "report" does not lie (see Chalu v. Tov-Le Realty Corp., 220 A.D.2d 552) . In any event, the plaintiff took but failed to perfect, an appeal from the order dated October 6, 1999, which was dismissed for failure to prosecute. As a general rule, we do not consider any issue raised on a subsequent appeal that was raised, or could have been raised, in an earlier appeal which was dismissed for lack of prosecution, although we have inherent discretion to do so (see Rubeo v. National Grange Mut. Ins. Co., 93 N.Y.2d 750; Bray v. Cox, 38 N.Y.2d 350). Here, we decline to exercise this discretion.
Entry of a money judgment for child support and maintenance arrears due and owing to the defendant was proper (see Domestic Relations Law § 244; Dox v. Tynon, 90 N.Y.2d 166; Henry v. Henry, 272 A.D.2d 520; Wolfson v. Public Adm'r of Nassau County, 282 A.D.2d 743).
The plaintiff's remaining contentions are without merit or concern matters dehors the record (see Long v. Long, 251 A.D.2d 631; Gotard v. Gotard, 165 A.D.2d 824).
PRUDENTI, P.J., RITTER, S. MILLER and McGINITY, JJ., concur.