MATTER OF LIPSKY v. KOPLEN

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 the petitioner is awarded one bill of costs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the proceeding (see, Matter of Aho, 34 N.Y.2d 241). The issues raised in 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 Supreme Court correctly determined that the appellant waived his claim that the Referee should have recused himself (see, Dime Sav. Bank of N.Y. v. Glavey, 214 A.D.2d 419). Additionally, the Supreme Court's acceptance of the Referee's report despite its late filing was proper (see, John Hancock Mut. Life Ins. Co. v. 491-499 Seventh Ave. Assocs., 169 Misc.2d 493; CPLR 4320). Since the findings are supported by substantial evidence in the record, and the Referee clearly defined the issues and resolved matters of credibility, the report was properly confirmed (see, Pittoni v. Boland, 278 A.D.2d 396 [2d Dept., Dec. 18, 2000]).